Employment Law Changes In 2024

Several changes to employment legislation are expected throughout 2024, expanding rights and offering more flexibility for employees.

The UK Government has confirmed numerous new employment laws, in addition to the usual annual changes, such as the National Minimum Wage, concerning flexible working, unpaid leave, and more.

Several of these changes to employment law took effect on April 6th, 2024, and apply to England, Wales, and Scotland, so it’s important for employers to remain updated.

These employment law changes include, but are not limited to:

1. Carer’s leave
2. Increased flexibility for paternity leave
3. Changes to flexible working
4. Increased redundancy protection for pregnant employees
5. Further protection from sexual harassment in the workplace

1. Carer’s Leave

The first employment law change relates to carer’s leave.

Carer’s leave is now available from the first day of employment and is considered a day-one right with no qualifying period. 

What Is Carer’s Leave?

As the name suggests, carer’s leave is when an employee takes time off work to care for a loved one.

Created by the Carer’s Leave Act 2023, employees are now entitled to take one week of unpaid leave every 12 months if they have caring responsibilities to account for the emotional and physical demands associated with caring. 

This is true of any employees caring for a spouse, civil partner, parent, child or dependant who requires care due to a disability, illness, injury, or old age and is likely to require at least three months of care.

Carers can take a whole week off or individual or half days throughout the year.

2. Increased Flexibility For Paternity Leave

The next employment law change relates to increased flexibility for paternity leave.

Employees who take statutory paternity leave can now split the two weeks of paternity leave into two separate one-week blocks as opposed to taking both one after the other.

In addition, employees can take their two weeks of paternity leave at any time following the birth of their child, provided it’s in the first year. This is a significant change, considering employees were previously limited to taking paternity leave in the first eight weeks after birth.

Moreover, instead of the required 15-week notice period, employees must only give 28 days’ notice before taking paternity leave. 

If you’re unsure of your rights as an employer regarding paternity leave, visit our website to contact our employment law solicitors today.

3. Changes To Flexible Working

As of April 6th, 2024, employees can now request flexible working from the first day of employment. 

Before this change, workers had to be employed for at least 26 weeks before making a flexible working request.

Additionally, employees will no longer be required to explain the effect flexible working will have on their role or employer.

How Long Can An Employer Take To Consider Flexible Working Requests?

In short, from 6th April 2024, employers must decide within ‘2 months of the request’.

They must also consult with the employee if they’re considering rejecting a request and should always speak to them before rejecting it. 

While the law changes allow for greater flexibility for employees, this doesn’t automatically mean flexible working requests will always be granted. An employer’s current assessment and approval process will still apply. 

4. Increased Redundancy Protection For Pregnant Employees

Another employment law change relates to increased redundancy protection for pregnant employees.

Employees taking parental leave have protection from redundancy for a minimum period of 18 months.

As such, if their role is made redundant, an employer must give them first refusal on any other vacancies. That said, if there isn’t an appropriate vacancy available, then it’s important to mention that redundancy can still occur.

Protection begins on the day the employer is first notified of the pregnancy, ending 18 months after the child’s birth. 

This also applies to 18 months after the date of adoption or 18 months following the birth of a child in circumstances where a parent is taking at least six weeks of parental leave.

5. Further Protection From Sexual Harassment In The Workplace

From October 2024, employers will be responsible for further duties in protecting their workers from sexual harassment in the workplace.

The Worker Protection Act 2023 extends employee protections already included in the Equality Act 2010, increasing employers’ legal obligation to prevent sexual harassment in the workplace.

The Act will:

• Introduce a new duty for employers to take ‘reasonable steps’ to prevent sexual harassment in the workplace and;
• Give employment tribunals the power to uplift sexual harassment compensation by up to 25% if an employer has breached this duty.

How We Can Help 

2024 will see many changes to employment law. At Harding Evans, our specialist team of solicitors has experience covering a range of employment issues and delivering legal advice to some of the largest organisations across the UK.

Our head of Employment Law, Dan Wilde, will be hosting a free, in-person seminar at Holiday Inn Newport on Wednesday 16th May. For full details and to register, please click here.

Whatever situation you may be facing as an employer, our employment law specialists can offer expert advice and guidance to help you reach the best outcome. Get in touch with our team today to discuss how we can assist you.