Employment Law changes round up

We’ve been updating you since 2023, with the planned Employment Law changes for 2024.  April has been a busy month for HR, with new statutory benefits for staff and possibly more challenges for employers.   

Let’s take a look at the key Employment Law changes that have taken place so far this year. 

Right to Work Fines

As of January, illegal working fines have tripled to £45,000.00 per worker for first breaches and £60,000.00 for repeat breaches.  Right to Work checks must include a manual check of the relevant documents, or a Home Office online check using the Government Website, so If you are acquiring staff via a TUPE transfer, remember to re-check their status within 60 days of the transfer.

Carer’s Leave

The Government have recently introduced a new statutory entitlement to 1 week’s unpaid Carer’s Leave, which came into effect on 6 April 2024, available to eligible employees from the first day of their employment. These employees must be unpaid carers, and the person they provide care to must be someone with a long-term mental or physical health condition, or issues relating to old age.

The relationship between the employee and this person will follow what is already in place for the right to time off for dependants. Namely, a spouse or civil partner; child; parent; person who lives in the same household (but is not a tenant, lodger, or boarder); or a person who relies on them for care such as an elderly neighbour.

For more information, please read our newsletter issued earlier this month. 

Paternity & Adoption Leave

From 6 April 2024, the notice for taking paternity leave has been reduced from 15 weeks to 28 days.  Also, the period in which leave can be taken has been extended from 56 days to within 52 weeks of the birth or placement of a child. 

The Protection from Redundancy (Pregnancy & Family Leave) Act

Selecting a woman for redundancy because of her pregnancy is automatically unfair and unlawful discrimination.  The redundancy protected period is the length of time an employee has redundancy protection.  

From 6 April 2024 the protected period starts when an employee tells their employer that they are pregnant and ends 18 months from the exact date the baby is born.   

For adoption, the period starts the day adoption leave begins and ends either 18 months after the placement starts or the date the child enters England, Scotland, or Wales if it’s an overseas adoption.   

Employment Relations (Flexible Working) Act 

From 6 April 2024, the right to make a flexible working request is a day-1 entitlement.  In addition, employees are now able to make 2 requests in any 12-month period and employers now have an obligation to respond to requests within 2 months.  

The onus will be on the employer to explain the reasons for refusing a request and demonstrate that they have considered a compromise. 

National Living Wage

From April, the NLW increased to £11.44 per hour, with the age range now extended to include 21-22-year-olds.  

Anyone employing 20-year-olds on £8.60 an hour will see a huge increase in costs, when they have to increase their pay by almost £3 per hour this year, when the employee turns 21.  

The apprentice and hourly rate for 16–17-year-olds, also increased to £6.40.

Holiday Pay

For holiday years beginning on or after 1 April 2024, under new legislation employers can roll up holiday pay for employees or casual workers who work variable hours.   

This option makes what had become an administration burden a much easier task, enabling employers to pay a premium.  Based on 5.6 weeks statutory holiday entitlement, employers can pay an additional 12.07% on each £1 earned and pay holiday pay as they go, without having to calculate the average earnings over the previous 52 weeks. 

Amendments to the Working Time Regulations 1998 was made in 2020 to allow the carry over of annual leave, because of the impact of coronavirus and lockdown. For any leave still untaken, this is now lost.

Spectra’s advice is to review your procedures, contracts of employment and Employee Handbooks. 

Make sure your managers are trained and aware of the Employment Law changes to ensure you remain compliant. 

For further details on any of the above please contact Spectra HR for advice.