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Summary of law changes to expect in 2024
In recent months, there have been multiple announcements from the UK Government regarding a variety of new employment laws which will be implemented in 2024. Each of these new laws will significantly affect UK employers.
This article is a summary of the changes that are due to come into place, with links to previous articles that our Peace of Mind Team have written on each new law for further information.
Minimum wage increase
From 1st April 2024, there will be an increase to the National Living Wage and National Minimum Wage. Additionally, the National Living Wage will now also apply to those aged 21 and over.
The new rates will be as follows:
National Living Wage £11.44
18-20 year old rate £8.60
16-17 year old rate £6.40
Apprentice rate £6.40
Holiday
The Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023 affects how holiday entitlement accrues for irregular hours and part-year workers. Significantly, these Regulations also permit the paying of rolled up holiday pay for irregular hours and part-year workers.
Additionally, these Regulations also include some changes to the consultation requirements under the Transfer of Undertakings (Protection of Employment) Regulations (TUPE), and to the requirements for employers to keep records of workers’ working time.
The provisions regarding rolled up holiday pay and holiday accrual for part-year and irregular hours workers apply to holiday years which begin on or after 1st April 2024. The changes within these Regulations regarding TUPE will apply to transfers which take place on or after 1st July 2024.
Flexible working
The Employment Relations (Flexible Working) Act 2023 introduces several procedural changes to flexible working requests. Once in effect, employees will be permitted to make two flexible working requests in any one year and will no longer be required to set out how their request may affect their employer’s business. These changes will come into effect following the issuance of Regulations by the Secretary of State.
Another change to flexible working in 2024 is the extension of the right to make a flexible working request from day one of employment. Previously employees needed at least 26 weeks employment before making a formal request. This will be effective from 6 April 2024.
Atypical working
The Workers (Predictable Terms and Conditions) Act 2023 establishes a new statutory right for workers under atypical contracts to request more predictable terms and conditions of work. Workers under atypical contracts encompasses fixed-term workers, agency workers, and those engaged under zero-hour contracts.
This Act received Royal Assent on 19th September. However, it is expected that it will not come into force until around September 2024.
Harassment
The Workers Protection (Amendments of Equality Act 2010) Act 2023 places a responsibility on employers to take reasonable steps to prevent sexual harassment of their employees in the workplace.
This Act received Royal Assent on 26th October 2023 and will come into force in October 2024.
Furthermore, the Protection from Sex-Based Harassment in Public Act 2023 introduces amendments to the Public Order Act 1986. It establishes a new offence of intentional harassment, alarm or distress on account of sex. This offence applies when someone engages in threatening, abusive or intentional behaviour in public, specifically targeting the victim due to their sex or perceived sex.
As a result, a workplace may be considered to be a public place, which could mean that employees may be criminally liable for sexual harassment at work.
This Act received Royal Assent on 18th September 2023 and has now become law.
New forms of family leave
The Carer’s Leave Act 2023 introduces a new entitlement to one week’s unpaid leave each year for employees who are providing or arranging care for a dependant. Carer’s leave may help those employees with care responsibilities to remain in the workplace and feel supported by their employer.
This Act received Royal Assent on 24th May 2023, and is due to come into force on 6th April 2024.
The Neonatal Care (Leave and Pay) Act 2023 introduces statutory paid leave for eligible employed parents whose newborn baby is admitted to neonatal care. The eligible employees will be entitled to take 12 weeks paid leave, in addition to any other relevant leave entitlements such as maternity and paternity leave.
This Act received Royal Assent on 24th May 2023. However, it is expected that the regulations will not be implemented until April 2025.
Protection from Redundancy
The Protection from Redundancy (Pregnancy and Family Leave) Act 2023 introduces new safeguards, for those who are pregnant or have recently returned from parental leave, by giving them priority status for redeployment opportunities in instances of redundancies.
For employers, the Protection from Redundancy (Pregnancy and Family Leave) Act 2023 will enforce a set of imperative guidelines and regulations pertaining to employees who are pregnant, have recently suffered a miscarriage or have recently returned from maternity, adoption or shared parental leave.
The safeguards introduced by this Act will apply to any maternity and adoption leave ending on, or after 6th April 2024. This will also apply to any shared parental leave starting on, or after 6th April 2024.
Next steps
Employers must examine their current policies, procedures, employment contracts and worker agreements to determine any necessary adjustments for compliance with the updated laws. Additionally, some of the new laws that are coming into force may require new policies to be drafted, as new protections are in place. Moreover, employers may also need to establish new or improved protocols to mitigate risks.
Once each of these changes come into force, our Peace of Mind Team can provide specific advice on the new protections and procedures in place. Additionally, our Document Audit Team can help you by drafting any relevant policies or amend existing employment documents. If you have any questions about any of these upcoming law changes, or have any other employment related questions, please contact our employment law team by emailing employment@warnergoodman.co.uk or by calling 023 8071 7717.