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Employment Law Updates - A Quick Reference Guide 2024

Prepare for significant changes in employment law throughout 2024, including new regulations around carer’s leave, updated flexible working options, an extension for the protected period for maternity, adoption or shared parental leave, and compulsory proactive measures to prevent workplace sexual harassment. We round up the key employment law updates and dates for the year ahead.

Legislative change: Equality Act (2010) Amendments

Expected date: 1st January 2024

Key details
Employees’ existing level of protection under the Equality Act has been maintained.
The right to claim indirect discrimination ‘by association’ with others has been added. 
The definition of disability has been updated to include a reference to “a person’s ability to fully participate in working life on an equal basis with other workers”.

Legislative change: Working time record keeping requirements.

Expected date: 1st January 2024

Key details
The legal requirement to keep records of daily working hours for all staff has been removed but employers are still required to keep adequate records of working time to evidence compliance with working time and minimum wage regulations. 

Legislative change: Re-introduction of rolled up holiday pay for irregular hours and part-year workers.

Expected date: Applies to annual leave years starting on or after 1st April 2024.

Key details
Rolled up holiday pay is where employers pay an additional amount on top of an employee’s standard hourly rate of pay to represent their holiday pay entitlement.
This practice has been unlawful since 2006; however, the Government has reintroduced rolled-up holiday pay for irregular hours workers and part-year workers.

If implemented, holiday pay should be itemised separately on an employee’s pay slip.

Legislative change : Holiday pay calculations for irregular hours and part-year workers.

Expected date: Applies to annual leave years starting on or after 1st April 2024.

Key details
The government has committed to re-introducing the 12.07% method as a means of calculating annual leave for irregular hours workers (including those who work under a zero hour contract) and part-year workers.

Legislative change : The Carers Leave Act Regulations 2023

Expected date: 6th April 2024

Key details
From day 1 of employment, employees will be entitled to take up to one week’s unpaid leave in a 12-month period to care for a dependent with long-term care needs.

Legislative change: Changes to Statutory Paternity Leave. 

Expected date: 6th April 2024

Key details
Fathers will be entitled to split their paternity leave into 2 blocks of 1 week and will be entitled to take their leave at any point within 52 weeks of the child’s birth (rather than 8 weeks as it is currently).
Under the new regulations they must inform their employer of their intention to take leave by the 15th week before the expected week of childbirth but are only required to provide 28 days’ notice of the dates that they intend to take each period of leave.

Legislative change: Pregnancy and Family Leave Act 2023 (Protection from Redundancy)

Expected date: 6th April 2024

Key details
Currently, any employee at risk of redundancy who is on maternity leave, adoption leave or shared parental leave is in a “protected period” and has the right to be offered first refusal of any suitable alternative vacancies. 
Under new legislation, the protected period will be extended and remain in place for up to 18 months after the expected week of childbirth (or 18 months from placement for adoption), rather than end on the employees return to work. 

Legislative change: The Flexible Working (Amendments) Regulations 2023

Expected date: 6th April 2024

Key details
Employees will have the right to request flexible working from day one of employment (rather than having to wait 26 weeks) and will be entitled to make not only one, but two requests per year. Employers must make a decision on the request within 2 months (rather than the existing 3).

Legislative change: The Employment (Allocation of Tips) Act 2023

Expected date: May 2024

Key details
It will become a legal requirement for tips, gratuities and service charges paid by customers to be distributed fairly to workers, without deductions, no later than the end of the following month after receipt from the customer.

Legislative change: Changes to TUPE consultation requirements

Expected date: Applies to any TUPE transfer which takes place on or after 1 July 2024.

Key details
Small businesses (with fewer than 50 employees) undertaking a transfer of any size, and businesses of any size undertaking a small transfer (of fewer than 10 employees), will be entitled to consult with employees directly, but only if there are no existing worker representatives in place.

Legislative change: The right to request a more predictable working pattern - The Workers (Predictable Terms and Conditions) Act 2023

Expected date: September 2024

Key details
Legislation will grant irregular hours and fixed-term workers the right to request a more predictable working pattern. 
Employers will have the right to refuse a request provided they have a business reason for doing so. It is anticipated that the overall process will broadly reflect the existing process for handling flexible working requests.

Legislative change: Sexual Harassment in the Workplace - The Worker Protection (Amendment of Equality Act 2010) 2023

Expected date: 26th October 2024

Key details
Will impose a new obligation on employers to take reasonable steps to prevent sexual harassment in the workplace. Failure to do so could give rise to the tribunal awarding a claimant additional compensation of up to 25%.

Download our “Employment Law Update - Quick Reference Guide”, which provides an overview of the changes anticipated throughout 2024.

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The information and any commentary contained within these updates are for general information purposes only and do not constitute legal or any other type of professional advice. Stallard Kane does not accept and, to the extent permitted by law, exclude liability to any person for any loss which may arise from relying upon or otherwise using the information contained in these blogs. If you have a particular query or issue, you are strongly advised to obtain specific, personal advice about your issue and not to rely solely on the information or comments in these updates.
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