Did You Know About the Imminent Employment Law Changes?
A number of important employment law changes are expected to come into force in April. Including flexible working, the introduction of carer’s leave, a new code of practice around “fire and re-hire” and extending redundancy protection in respect of family leave. Along with increases to statutory pay.
Employment Law Changes and Flexible Working
The Employment Relations (Flexible Working) Act 2023 comes into force on 6 April 2024 and provides employees with the right to request flexible working from the first day of their employment (“a day one right”) rather than having to wait 26 weeks, as is currently the position.
Carer’s Leave Act
Another day one right is created by the Carer’s Leave Act 2023 (“the Act”). Under this employment law change, employees will be entitled to take one week’s unpaid leave each year to provide or arrange care for a dependent with a long-term care need. Although the Carer’s Leave Act 2023 (Commencement) Regulations 2023 have been made which bring the Act into force, the Secretary of State is making further regulations to bring the right to one week’s unpaid leave into force. This is expected in April.
Fire and Hire Practices
Following a consultation and questions raised in the House of Commons on 30 November 2023 regarding the draft Code of Practice on “fire and re-hire” practices, publishing of the final version of the Code is anticipated in spring. After P&O Ferries dismissed around 800 employees on 29 March 2022 without consultation, the Government announced that a new Statutory Code of Practice would be published on the use of dismissal and re-engagement. This is for situations where employers are seeking to unilaterally change employees’ terms and conditions of employment.
Protection from Redundancy and Family Leave
There is also additional protection expected to be available from 6 April 2024 for those employees exercising their rights to various types of family leave where their employer is making redundancies. Under the Protection from Redundancy (Pregnancy and Family Leave) Act 2023, redundancy protection is extended during pregnancy and for the period of 18 months after the birth or placement of a child for those taking maternity, adoption or shared parental leave.
At present, where an employer is undertaking a redundancy consultation exercise, they are legally required to offer suitable available alternative employment to employees who are on maternity leave, shared parental leave or adoption leave. The new entitlement extends the period of redundancy protection such that it will start when the employee tells their employer that they are pregnant. It extends to an additional period after the return to work following maternity leave. Effectively, an employee who takes their full 12 months statutory maternity leave entitlement will be protected for an additional 6-month period following their return to work.
In addition, “the protected period of pregnancy” is extended to support those who have suffered a miscarriage. The calculation of the protected period of pregnancy will now include provision for it to begin after the end of the pregnancy. Therefore, a woman who has miscarried before informing her employer of the pregnancy will be able to access the redundancy protection she would have had if she had informed her employer of her pregnancy before the miscarriage.
Minimum Wage Increases
From 1 April the hourly National Living and Minimum Wages will increase to £11.44 (for workers aged 21 and over), £8.60 (for workers aged 18-20), £6.40 (for workers aged 16-17) and £6.40 (for apprentices). From 6 April 2024 there will be increases to Statutory Sick Pay (£116.75) as well as Statutory Maternity, Paternity, Shared Parental, Adoption and Parental Bereavement Pay (£184.03 or 90% of weekly pay).
If you need Employment Law advice, or want to discuss any of these employment law changes, contact one of our Employment Team.
