After a few quiet years for employment law, with Government dealing with Brexit and a pandemic, we now start to see some of the changes we have been talking about for the last few years coming to fruition in 2024. Some of these have taken longer than expected due to the time required for them to pass through and receive Royal Assent in Parliament, and some due to the necessity to review EU derived legislation post Brexit.
What can we expect and how will it impact your business practices, processes and policies?
Below is our handy round up, so you’re safe in the knowledge we will be there to walk you through the changes as they arise and support you in updating your documentation.
Confirmed Legislation Changes
1st January 2024
The Equality Act 2010 (Amendment Regulations 2023)
Numerous amendments have been made to the Equality Act 2010 which came into effect on 1st January 2024. Amendments include: an expansion to the definition of ‘disability’, additional protection for breastfeeding mothers, requesting of equal pay and addresses discrimination in recruitment.
What does this mean for you?
All ProAktive HR Support clients are receiving up to date Handbooks including a new Equality, Diversity and Inclusion Policy within the first few weeks of the new year. Please let your usual consultant know if you have not received the updated Handbook and EDI policy by the end of the month.
The Employment Rights (Amendment, Revocation and Transitional Provisions) Regulations 2023
For part year or casual workers, amendments to the Working Time Regulations (which were changed by the Supreme Court ruling of Brazel vs Harpur Trust) are being reverted. This will once again allow the calculation of holiday pay at a rate of 12.07% of the hours worked. This amendment came into effect from 1st January 2024 but will only apply to those whose holiday year starts from 1st April 2024 onwards.
What does this mean for you?
If you have part year, term time or casual workers and you changed your practice and contracts of employment (following the ruling), you will need to revert them back and can continue to calculate and pay holiday pay at a standard rate of 12.07%.
TUPE consultations
Where an existing worker representative does not exist, businesses with fewer than 50 employees (irrespective of the size of the TUPE transfer) and for transfers involving less than 10 employees (irrespective of the size of the business), TUPE consultations can be undertaken directly with those affected employees.
What does this mean for you?
TUPE processes remain extremely complex and therefore please call us if you require any advice, however this change should streamline the TUPE processes for smaller transfers and SME’s.
1st April 2024
- Changes to National Minimum Wages
| National Living Wage (> age 21) | £11.44 |
| 18-20 years old | £8.60 |
| 16-17 years old | £6.40 |
| Apprentice Rate | £6.40 |
6th April 2024
The Employment Relations (Flexible Working) Act 2023
The right to make a request from Day 1 of employment will come into effect from 6th April 2024. Although not confirmed, further changes are expected to come into effect at the same time which includes the right to two requests in a 12-month period and applications being dealt with within 2 months (including appeal). There are also some slight adjustments to the process for dealing with flexible working requests
How will this impact you?
This will change the way in which we handle flexible working requests and therefore we may need to update your policy and your processes in your employee handbook. We will also be on hand to help you with any individual or specific requests from your employees.
The Carers Leave Act 2023
This Act introduces a flexible entitlement of one week’s unpaid leave per year for employees who are providing or arranging care. Employees with caring responsibilities will be entitled to take carers leave from day one of their employment.
Protection from Redundancy (Pregnancy and Family Leave) Act 2023 and The Maternity Leave, Adoption Leave and Shared Parental Leave (Amendment) Regulations 2024
The amendments extend the rights of those who are pregnant and those who have returned from maternity, adoption and shared parental leave. They also extend the rights of those who suffer a miscarriage during the pregnancy.
How will this impact you?
For those that have specific redundancy policies, we may be required to update your Handbook to comply with these changes. Regardless of your policy, we would recommend contacting your consultant when looking to start any redundancy or restructure process.
Post April 2024 – we are still waiting on further information about these changes
The Workers (Predictable Terms and Conditions) Act 2023
Employees will be able to request a more predictable working pattern including number of hours worked and days worked. Although not confirmed, we expect this to come into effect in September 2024.
The Employment (Allocation of Tips) Act 2023
This Act is to ensure the allocation of tips and service charges paid by customers are distributed to the workers.
Neonatal Care (Leave and Pay) Act 2023
Parents will be permitted to take up to 12 weeks additional paid leave, over and above other entitlements like maternity and paternity leave, to spend more time with their new baby who is receiving neonatal care in hospital or similar.
The Worker Protection (Amendment of Equality Act 2010) 2023
This law imposes a new duty on employers to prevent sexual harassment in the workplace. This will require employers to further review their diversity and inclusion policies and make sure training includes and adheres to the new law.
New immigration rules
Significant changes to the immigration system are set to come into force in 2024. The key changes include:
- The minimum salary for a skilled worker visa rising from £26,200 to £38,700 in all sectors except for health and care,
- Limits on migrants bringing family members to live in the United Kingdom unless they earn £38,700 (currently £18,600),
- The annual immigration health surcharge increasing by 66% to £1,035,
- The Shortage Occupation List being replaced with a new Immigration Salary List.
Lots to digest and as always, we’re here to talk things through with you. Please get in touch with us if you’d like further clarification.
By Rachel Storey Dip CII | Sales & Marketing Manager | HR Consultant