The employment law changes in 2024 features some interesting developments for employers and employees. The government has addressed several legal uncertainties arising from case law and Brexit with new legislation. On the 1st of April these changes came into effect – Is your business aware of the new legislation?
Flexible Working
The government aims to increase workers’ access to flexible working with the introduction of new legislation. The legislation both increases the rights of employees seeking flexible work and places more burden on the employer to respond to such requests.
Employees have the right to make two requests for flexible work within any twelve month period. This represents a doubling of the previous figure. Additionally, employees have the right to request flexible working from the first day of employment. This removes the previous six month waiting period. Employers’ time to respond to such requests has been shortened from three months to just two months. Employers must consult with the requestee before rejecting any application. Nonetheless, the permitted reasons for rejection of a flexible working request remain unchanged. Namely:
- Burden of additional costs.
- Detrimental effect on ability to meet customer demand.
- Inability to reorganise work among existing staff.
- Inability to recruit additional staff.
- Detrimental impact on quality.
- Detrimental impact on performance.
- Insufficiency of work during the periods you propose to work.
- Planned structural changes.
Holiday Pay for Part Time Workers
Another change to employment law affects part time workers in particular. As reported earlier this year, the calculation of holiday pay for part time workers has also changed. This change enables more flexibility for employers to pay workers in so-called ‘rolled up holiday’ pay at a rate of 12.07%.
This change was necessitated by a 2022 supreme court decision, which had established that part time workers were entitled to seemingly excessive amounts of holiday. Additionally, the legislation clarifies the post-brexit legality of rolled up holiday pay, which had been illegal but widely practised under E.U. law.
Statutory Carer’s Leave
The Carer’s Leave Act 2023 came into force on 6 April 2024 and entitles employees to up to a week of unpaid leave to care for dependents. Dependents include children, spouses, parents, anyone living in the same household, or anyone reasonably requiring care from the employee.
The right to leave for caring responsibilities is a day one right, and no evidence must be presented by the employee. Employers may not reject the request, however they may suggest taking it at a different time if the request clashes with business needs. If faced with unfavourable treatment due to taking care leave, employees will be able to take the case to tribunal.
Employees should note that they must ask for the leave twice the time in advance that they wish to take off, or at least three days – whichever is longer. Have you considered adding a carer’s leave policy to your business?
Minimum Wage and Tribunal Awards
Employees can enjoy increased minimum wage rates from the first of April 2024. The age to qualify for the national living wage, which is the highest minimum wage bracket, has also been lowered. The national living wage has been increased from £10.42 to £11.44, representing a pay rise of £1800 per year. Workers aged 21 years and over must now be paid at this higher threshold, decreasing from 23 years old last year.
Lastly, employment law professionals should take note of the increased minimum and maximum tribunal awards, which took effect on the 6th of April. The range for injury to feelings has been increased from £1 100 – £56 200 to £1 200 – £58 700. Meanwhile the maximum compensation for unfair dismissal was increased by almost £10 000 to over £115 000. The limit on statutory week’s pay was also significantly increased to £700 from £643.