EMPLOYMENT LAW CHANGES – WHAT YOU NEED TO KNOW IN 2024
“April has traditionally been a busy month in the employment law calendar” says Lesley Purveur of Larken & Co Solicitors. April 2024 is no exception.
Indeed, 2024 is looking to be one of the busiest in terms of legislative change that we have seen for a while, with there being several important updates that employers need to be aware of and implement in addition to the usual annual increases to statutory rates.
Back in January we saw a change to the rules requiring employers to record their employees daily working hours. This has been relaxed and employers now just need to keep records to show compliance with the Working Time Regulations 1998.
Other new employment rights include paternity leave, carer’s leave, flexible working and protection from redundancy for pregnant women and new parents.
Increased flexibility in taking paternity leave
The changes to paternity leave apply where the expected week of birth or the date for placement for adoption is on or after 6 April 2024. Following the birth or adoption of a child an eligible father or partner can take 1 or 2 weeks leave, The rules on leave have become more flexible allowing the employee to take the leave in two blocks of one week , as opposed to one singe block of 2 weeks which means that leave can be taken at any time during the first year, and not just limited to within the first 8 weeks after birth or adoption. Employees must give 28 days notice in advance of each period of leave rather than by 15 weeks before the expected week of birth. The notice provisions remain unchanged for adopting parents.
New right to carer’s leave
From 6 April 2024, employees with a dependant with a long term care need can ask for one week’s unpaid leave every 12 months to care for that dependant. This right applies from the first day of employment. Employees need to give notice of a minimum of 3 days or at least twice the amount of notice as the period of leave, if longer. In some circumstances employers can postpone the leave for up to one month.
Extended right to request flexible working
Again from 6 April 2024, employees will be able to ask to work flexibly from the first day of employment rather than needing 26 weeks service. There are also a number of changes to the procedural requirements including allowing an employee to make two requests to work flexibly in a 12 month period (previously only one was allowed). Employers must consult with their employees about their requests and reach a decision within two months.
Enhanced redundancy protections
A woman on maternity leave who is made redundant is entitled to be offered any suitable alternative employment. From 6 April 2024 this protection is extended to any employee who a) is pregnant and has told their employer that they are pregnant; b) has returned to work from maternity, adoption or shared parental leave and the baby was born or placed for adoption within the previous 18 months; or c) has told their employer that they were pregnant and has had a miscarriage within the previous 2 weeks.
There are also the usual annual changes we expect to see in relation to national minimum wage and statutory benefits.
Extension of National Living Wage
From 1 April 2024 the threshold for the National Living Wage was lowered from age 23 and over to age 21 and over, and there have been increases in the statutory rates of pay across the bands.
This sees the national living wage increase from £10.42 to £11.44 per hour. Workers aged 18 to under 21 rises from £7.49 to £8.60 per hour and a rise from £5.28 to £6.40 for those workers age 16 to 17. Apprentices increase from £5.28 to £6.40 per hour.
Statutory Benefits
From 1 April 2024 statutory sick pay has increased from £109.40 per week to £116.75 per week. Statutory maternity, paternity, shared parental and adoption pay will increase from £172.48 to £184.03 from 7 April.
Tribunal Compensation
The annual employment tribunal award limit changes apply to dismissals occurring on or after 6 April 2024 with the limit on compensatory award for unfair dismissal rising from £105,707 to £115,115. The limit on a week’s pay which is used for the calculation of statutory redundancy payments and the basic award for unfair dismissal increase from £643 to £700 meaning that the maximum basic award and maximum statutory payment increases to £21,000.
With a host of figures to navigate and other changes expected to come into force later in the year, businesses are set to be busy reviewing their practices and updating contracts, policies and procedures to ensure they are fully prepared.
