Important Changes to Employment Law – A month-by-month guide

January 2024

In January 2024 changes were introduced to holiday pay and working time, which you can read about here.

National Insurance Contributions

The class one National Insurance contributions were reduced to 10%.

Working time daily records

Having now left the EU, daily records of working time have been relaxed and Employers can keep such records of compliance as they deem fit. This will ease an administrative burden on employers

February 2024

The Menopause

The EHRC have issued guidance to Employers on dealing with employees who are going through the menopause. Female employees suffering from the menopause who are treated badly by their employers, already have the right to pursue discrimination claims. However, the introduction of this guidance will place more pressure on employers to do the right thing or face successful claims.

March 2024

Paternity Leave

As from the 8^th of March 2024, paternity leave rights have been amended to mean that fathers/partners may take paternity leave in one week blocks, rather than all at once.  This leave may be taken at any time in the first year of birth or placement for adoption.  28 days’ notice must be given of the attended dates of leave.

April 2024

Flexible Working

Amendments to the Flexible Working Regulations are expected to be introduced on the 6^th of April 2024, but we are waiting updated ACAS guidance.  The changes are expected to be a day one right, there will be no need for an employee to explain the impact of their request, and two requests can be made in any 12-month period.  The employer can only refuse a request if they have consulted first with the employee, and the deadline on an employer for dealing with any request is reduced to 2 months.

Redundancy

The period when an employee is pregnant or going through adoption or using shared parental leave will have additional protection in respect of redundancy dismissals with the period being extended to 18 months from the expected date of childbirth or adoption. Regulations are still awaited and the above may be subject to change.

Carer’s Leave

From the 6^th of April employees will have the right to Carer’s Leave.  That right will exist from day one of employment and will mean that employee can take 1 weeks’ unpaid care leave in each 12-month period.  That leave can be taken on half a day, one day or one week blocks.  An employee will need to give double the amount of notice of the period being taken to the employer.  An employer cannot refuse a request but can postpone in some circumstances.

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Changes to Compensation Limits

The Government has announced the following changes from 6th April to compensation limits:

1. The statutory weekly wage is increasing from £643 to £700;
2. The maximum yearly salary cap for unfair dismissal will increase from £105,707 to £115,000;
3. The highest basic award will increase from £7,636 to £8,533.

July 2024

Tips and Gratuities

There is in place a draft Code of Practice and this new employment right will be introduced on the 1^st July 2024.  It will mean it is illegal for an employer to withhold tips and there should be a fair, reasonable and non-discriminatory allocation of tips and gratuities to all staff, including casual workers, agency staff, employees and zero-hours workers.  Tips must be passed on without deductions (save for Tax and National Insurance).  They must be paid at the end of the month following which those tips/gratuities were paid by customers and records must be kept by employers for three years.  There will be a prohibition on employers seeking reimbursement or deductions from wages. The code dealing with this is out for consultation and employers can have their say on the draft Code of Practice.

TUPE

On the 1^st July 2024 an amendment to existing legislation will be introduced which means that it will no longer be necessary for employers to carry out group consultation with recognised Trade Unions or representatives elected by the employees where there is a TUPE transfer of a business with fewer than 50 employees, or, the transfer of the business involves fewer than 10 employees.

Autumn 2024

A new right will be introduced (final date to be confirmed) which gives a statutory right to request a predictable working pattern.  This will apply to employees, workers and agency workers.  This may be particularly relevant to zero-hours workers.  A request for predictable working can be made twice in any 12-month period.  An employer can refuse a request on agreed statutory grounds, and there is a 1-month decision process.

October 2024

Sexual Harassment

There will be a new duty on employers to take reasonable steps to prevent sexual harassment of employees.  This duty will place a proactive obligation on employers to actively prevent sexual harassment in the workplace.  We are awaiting ECHR updated guidance which should provide further detail on the interpretation of “reasonable steps”.

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Actions Employers need to take in respect of the above

The above changes during 2024 will place an onus on employers to either update or introduce new policies.  Policies that need updating will include Paternity policies, Flexible Working policies, Harassment policies.  New policies would include Carer’s Leave,, a Menopause policy  and a specific policy for Tips and Gratuities.  Please contact any of the Employment team to assist you with the update of existing policies or the provision of new policies.

This article aims to supply general information, but it is not intended to constitute advice. Every effort is made to ensure that the law referred to is correct at the date of publication and to avoid any statement which may mislead. However, no duty of care is assumed to any person and no liability is accepted for any omission or inaccuracy. Always seek advice specific to your own circumstances.  Fraser Dawbarns LLP are always happy to provide such advice.