Geoffrey Caesar, Solicitor

Employment law is constantly evolving, and 2024 is no exception. There are several significant changes that employers need to be aware of and plan for, ranging from family-friendly rights to post-Brexit reforms. This blog post will summarise some key developments and provide practical tips for complying with them.

Family-friendly changes

One of the main themes of the employment law changes in 2024 is enhancing the rights of parents and carers. The following new laws will come into force in April 2024:

• The Neonatal Care (Leave and Pay) Act 2023 will introduce a new entitlement of up to 12 weeks of unpaid leave and statutory pay for parents of babies who require neonatal care for more than seven days after birth. The leave can be taken within 68 weeks of birth and is available from day one of employment, although the pay is subject to qualifying conditions. Employers should update their policies and procedures to reflect this new right and ensure they have a process for recording and verifying neonatal leave requests.
• The Protection from Redundancy (Pregnancy and Family Leave) Act 2023 will extend the protection against redundancy for women and new parents during or after their period of family leave. Currently, employees on maternity, adoption or shared parental leave have priority over other employees for any suitable alternative vacancies in a redundancy situation. The new law will extend this protection from when the employee informs the employer that they are pregnant (verbally or in writing) until 18 months after the birth or adoption. It will also cover employees who take parental bereavement or carer’s leave. Employers should review their redundancy policies and practices to ensure they comply with the new rules and avoid discrimination claims.
• The Carer’s Leave Act 2023 will introduce a new right to five days of unpaid leave per year for employees who have a dependant with a long-term care need. A dependant is a spouse, civil partner, child, parent, or someone who lives in the same household as the employee (other than a tenant, lodger, boarder or employee). A long-term care need is defined as a physical or mental impairment or illness that requires ongoing care or support. The leave can be taken in blocks of one day or less and can be taken consecutively. Employers should amend their policies and procedures to accommodate this new right and ensure that they have a system for recording and monitoring carer’s leave requests.

Post-Brexit reforms

Another significant theme of the employment law changes in 2024 is the impact of Brexit on UK employment law. The Retained EU Law (Revocation and Reform) Act 2023 came into force on 1 January 2024, ending the supremacy of EU law over UK law and giving the government new powers to amend or repeal EU-derived employment laws. Some of the fundamental changes that took effect from 1 January 2024 are:

• New holiday entitlement and pay laws require employers to maintain normal pay levels for at least four weeks of an individual’s holiday entitlement and allow workers to carry out unused holiday entitlement in certain circumstances. Employers should check that they are paying their workers correctly for their holiday and remind them of their obligation to use up their holiday entitlement within the holiday year.
• Regulations amending the Equality Act 2010 are designed to preserve the effects of specific EU case law but also introduce new indirect discrimination, recruitment, and workplace breastfeeding rules. Employers do not need to take any particular action due to these changes but should be aware of the potential for claims in some areas and keep up to date with future case law developments.
• Changes to Transfer of Undertakings Protection of Employees (TUPE) consultation and working time record-keeping obligations reduce some of the burdens imposed on employers by EU case law. Employers should review their TUPE processes and working time records to comply with the new requirements.

These post-Brexit changes do not amount to a radical overhaul of UK employment law, but they introduce some important nuances that employers must be aware of. However, there may be more changes on the horizon as the government has indicated its intention to review other areas of EU-derived employment law, such as agency workers’ rights, collective consultation rights and health and safety regulations.

Other changes

In addition to the family-friendly and post-Brexit reforms, there are some other employment law changes that employers need to be aware of in 2024:

• From 6 April 2024, employees will have the right to request flexible working from day one of their employment rather than after 26 weeks of service. Employers can still refuse requests on business grounds, but they must respond within three months of receiving the request rather than the current 14 weeks. Employers should review their flexible working policies and procedures and ensure they can handle requests promptly and fairly.
• From 6 April 2024, employers will have to include rolled-up holiday pay in workers’ contracts and pay statements rather than spending it as a separate allowance. Rolled-up holiday pay is where workers receive a higher rate of pay during working time, which includes an element of holiday pay, rather than receiving holiday pay when they take leave. Employers should review their contracts and pay statements and identify the amount and proportion of rolled-up holiday pay included in workers’ pay.
• From 6 April 2024, employers will have to take proactive steps to prevent sexual harassment in the workplace, following the Protection from Sex-based Harassment in Public Act 2023. This will include conducting regular risk assessments, implementing effective policies and procedures, providing training and support for staff, and reporting on their actions. Employers who fail to comply with these duties may face enforcement action by the Equality and Human Rights Commission or liability for worker harassment claims. Employers should review their current practices and ensure that they have a robust strategy for preventing and tackling sexual harassment in the workplace.

Conclusion

2024 is a busy year for employment law, with several significant changes affecting employers and workers. Employers should prepare for these changes by reviewing their policies and procedures, updating their contracts and pay statements, providing training and guidance for staff, and seeking legal advice where necessary. By doing so, employers can ensure they comply with their legal obligations, avoid potential claims and disputes, and foster a positive and productive working environment.

Contact me for further information or if you would like me to review your policies and contracts of employment to ensure compliance with these changes in the law.