We anticipate a lot of changes we have spoken about in previous newsletters will be coming into force from 2024 onwards.
Whilst we do not have fixed dates for all changes, please be reassured that when we know more, we will send an update by email.
Flexible Working
It is anticipated that the Employment Relations (Flexible Working) Act 2023, will come into force in July 2024.
The main changes that will be introduced are:
- Employees will have the right to make two statutory requests in any 12 months.
- An employee will no longer have to explain what effect the change would have on the employer and how that will be dealt with.
- An employer will have two months to make a decision.
- An employer will have to consult with the employee before rejecting a request.
The act does not presently set out that an employee will have a day one right to make such a request, however, it is anticipated that it will be introduced by way of separate regulations. These have not been published.
You should continue to follow the usual process for dealing with flexible working requests until the new law comes into force.
Predictable working patterns
The Workers (Predictable Terms and Conditions) Act is expected to come into force in 2024. The purpose of the act is to allow worker’s (casual/zero hour workers) who have a unpredictable working pattern i.e hours theywork, times they work etc. They will be able to make a formal request to change their working pattern, to make it more predictable. ACAS, have published a draft statutory Code of Practice on handling requests for a predictable working pattern, which will accompany the Act. The consultation on the draft will close on 17 January 2024.
The Code will provide guidance on how employers should handle requests for a predictable working pattern, when a request can be rejected and appealing a rejected request.
Paternity Leave and Pay
The government are expected to make changes to Paternity Leave and Pay in 2024. The changes are intended to provide greater flexibility to fathers or partners. The change expected to be made are:
- allow fathers or partners to split their leave into 2 blocks of 1 week.
- allow fathers or partners to take their leave and pay at any point in the first year after the birth or adoption of their child, instead of only within the first 8 weeks.
- adjust the way fathers or partners give notice of leave and pay to their employer, The new measure will require an employee to give notice that they intend to take leave 15 weeks prior to the expected week of childbirth (EWC), and then 4 weeks’ notice of dates prior to each period of leave.
Carer’s Leave
We anticipate that the Carers Leave Act 2023, is expected to come into force in April 2024.
The Act will entitle carers to the following:
- One week unpaid leave per year in order to support those they care for. It can be taken flexibly in a block of five days or in individual or half days.
- A day one right for all carers.
- Leave can be used for caring a spouse, civil partner, child parent, someone living in the same household or a person who reasonably relies on the employee for care. The person being cared for must have. along-term care need.
- Carers will be required to self-certify their eligibility for carer’s leave.
Tips
The Employment (Allocation of Tips) Act 2023 is expected to come into force in May 2024.
When the Act is brought into force, employers will be legally obliged to:
- Allocate all tips, gratuities and service charges which they are paid, or which they exercise control or significant influence over, to workers without any deductions; and
- Ensure that qualifying tips, gratuities and service charges between workers are fairly distributed and paid to the workers no later than the end of the following month after receipt from the customer.
Sexual harassment at work
The Worker Protection (Amendment of Equality Act 2010) Act 2023, will introduce a new duty for all employers to take reasonable steps to prevent harassment of their employees in the course of their employment.
If an employer breaches this duty, it could face:
- enforcement action by Equality and Human Rights Commission (EHRC); and/or
- potential uplift of 25% in compensation if. a tribunal finds that an employee has been subject to sexual harassment and the employer failed to take reasonable steps to prevent harassment.
It is anticipated that the Act will come into force in October 2023 and guidance will be updated to reflect how an employer should deal with matters under the new duty.
Illegal Migrants
From early 2024, the government have stated that it will be increasing the fines for employers who employ illegal migrants.
The fine for employment illegal workers will be tripled from £15,000 to £45,000 per worker and repeat offenders will incur a fee of £60,000 per worker.
National Minimum Wage
National Minimum Wage is set to increase again next April.
It is reported that minimum wage for those aged 23 or over will increase from £10.42 to £11.00 in April 2024.
If you have any questions, please do not hesitate to contact us at [email protected].