Section 1: Changes Effective April 2024
Right to Request Flexible Working: The Flexible Working (Amendment) Regulations 2023 removes the current requirement for employees to have at least 26 weeks’ continuous service, therefore making the statutory right to make an application a “day one” right and this is effective from 6th April 2024.
In addition, other changes to some of the rules on statutory flexible working requests are due to come into force either on the same date or shortly after and these are:
- Allowing employees to make two statutory flexible work requests every 12 months (currently limited to one).
- Reducing the time limit for employers to deal with these requests from three months down to two months.
- Requiring employers to consult with an employee before refusing a request.
- Removing the need for employees to explain the effect of the proposed change or how that could be dealt with when making a request.
Carer’s Leave: The Carer’s Leaver Act 2023 provides employees who have caring responsibilities for dependants with long-term care needs with a right to one week’s unpaid leave per year. This is effective 6th April 2024. The purpose of the leave is for dependant care, or arranging care for a dependant, with long-term mental or physical health needs. Leave will be taken in periods of a day or half day. This will be a “day one” right. Employers will be able to ask employees to self-certify that they are eligible, with no evidential requirements (eg. details of the dependant’s condition or caring activities being undertaken).
Pregnancy and maternity leave – extending redundancy protection: The Protection from Redundancy (Pregnancy and Family Leave) Act 2023 will provide greater protection against redundancy during pregnancy and for six months after return to work from maternity leave as well as certain other family-related leave. Employees on maternity leave already have the right to be offered any suitable alternative vacancy. This change is effective 6th April 2024 and the main features of the change are:
- Ensuring that the redundancy protection period (right to offered suitable alternative employment in redundancy situation) applies from the point that an employee informs their employer that they are pregnant (either orally or in writing).
- Extends the redundancy protection period until 18 months after the birth of the child (or adoption placement) for employees returning from maternity, adoption or shared parental leave.
Holiday entitlement for irregular hours workers and part-year workers calculated at 12.07% of hours worked:
For holiday years beginning on or after 1st April 2024, the Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023 that came into force on 1st January 2024 amend the current Working Time Regulations 1998 so that an accrual method may be used to calculate holiday entitlement for irregular hours workers and part-year workers. Entitlement will be calculated at 12.07% of hours worked in a pay period, to apply during the first year of employment and beyond.
Rolled-up holiday pay allowed for irregular hours workers and part-year workers
For holiday years starting on or after 1st April 2024, the Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023 that came into force on 1st January 2024 amend the Working Time Regulations 1998 so that rolled-up holiday pay will be allowed for irregular hours workers and part-year workers. Rolling-up holiday pay involves paying an additional amount representing holiday pay for each pay period throughout the year, instead of paying holiday pay at the time annual leave is taken.
What do you need to do to prepare for these changes?
We recommend that you share information on the above upcoming changes with your managers.
We will work with our Complete Care customers to ensure that your policies and templates are up to date to ensure that your business is compliant with these changes. In addition, we will continue to provide advice to your managers on cases as they arise in line with the updated legislative guidance.
Section 2: Other changes on the horizon beyond April 2024:
Other change coming further down the line are:
Strengthening Workplace Sexual Harassment Laws: The Worker Protection (Amendment to Equality Act 2010) Act 2023 will provide for a positive duty on employers to take reasonable steps to prevent sexual harassment in the course of their employment. The Act received Royal Assent on 26th October 2023 and is expected to come into force one year after this date therefore expected October 2024.
Neonatal Care Leave: The Neonatal Care (Leave and Pay) Act 2023 will provide parents whose babies need neonatal care after birth with up to 12 weeks’ neonatal care leave. This leave will be paid if the parents meet minimum service and pay requirements. This will be a “Day One” right and will provide new parents who baby require neonatal care for a least seven continuous days and which starts within 28 days of birth with the right to take up to 12 weeks’ leave in addition to maternity or paternity leave. Statutory pay would be set at the same rate as other family friendly statutory payments and would have a qualifying period of 26 weeks’ continuous service. The Government plans to introduce neonatal leave in April 2025.
We will keep you updated on these, and any other, expected changes throughout the year so that you are prepared with the information when you need to be.