Key Employment Law Changes Taking Effect From 6 April 2024

According to ACAS, 70% of employees and 43% of employers are unaware of the recent important changes in employment law.

We recommend that all businesses undertake an urgent review of their policies, procedures and contracts to ensure that these changes are incorporated, and to thereby avoid potential legal claims and promote a culture of fairness and wellbeing in the workplace.

The employment team at iLaw is happy to provide legal advice and assistance at every stage of the process to ensure that the review is effectively completed and communicated to all staff.

Flexible Working

It will now be easier for Employees to request this.

1. the Employee will have a Day 1 right to request flexible working (they previously had to have 26 weeks' minimum service before they could make a request)

2. the Employee has a right to make two requests for flexible working in any 12 month period, rather than one

3. the Employee no longer has to explain the impact their request will have on the business

4. the Employer now has two months rather than three months to respond and must consult with Employees before reaching a decision (the reasons the Employer can give for refusing a request remain unchanged).

Additional Redundancy Protection

These important changes include:

1. Extending priority status for suitable alternative roles in a redundancy situation (if any) to pregnant Employees from the date of notification of their pregnancy to their Employer

2. Extending the protected period to 18 months after childbirth

3. This special protection also applies to those taking shared parental leave and adoption leave.

Carer's Leave

This is a new entitlement, providing for the following:

1. Employees who have a dependent with a long-term care need will be able to apply for unpaid carer's leave from Day 1 of employment

2. Employees have the right to apply for up to 1 week of unpaid leave in each rolling 12 month period, as either full days or half days

3. Employees have protection from detriment or dismissal because they take or request to take carer's leave.

Paternity Leave and Pay

Changes include:

1. Increasing the period during which leave can be taken to within 52 weeks of birth or placement with the adopter

2. Permitting leave to be taken in two separate blocks of one week (rather than only as one block)

3. Shortening the notice period required to 28 days (7 days for adoption).

Holidays

New rules on annual leave, holiday pay and working time:

1. Rolled-up holiday pay can now be used for part-year

Workers and irregular hours Workers providing it is

calculated at 12.07%, paid at the same time as normal

remuneration and shown on the Worker's payslip

2. Employers no longer have to keep records of Workers' working hours and rest periods

Also:

All National Minimum Wage and National Living Wage rates increased on 1 April 2024.

The weekly pay rate (used for calculating the basic award for unfair dismissal and statutory redundancy pay) and cap on the compensatory award for unfair dismissal increased on 6 April 2024.