Employment Law Changes – 2024

2024 will see a raft of new changes in employment law.  These are our top 10:

1. Holiday Changes

The most significant and wide reaching changes is in respect of statutory holiday.  In an attempt to address and reverse the findings in the case of Brazel v Harper Trust, employers will be permitted to use rolled up holiday pay (i.e. paying an additional supplement of 12.07%) for irregular and part-year workers.

2. TUPE

New changes will extend the exceptions to having to consult with employee representatives.  For transfers taking place on or after 1 July 2024 you will be allowed to consult directly with workers (if there are no existing employee representatives) and the transaction either affects (1) a small business (i.e. fewer than 50 workers) or (2) is a small transfer (i.e. involving fewer than 10 workers) of any size business.

3. Preventing illegal working

A new Code of Practice came into force from January 2024.  The new changes triple the penalties for hiring illegal workers.  There are extended powers to impose stricter restrictions on employers.

4. Sexual Harassment

There will be a change to the Equality Act introducing a new duty on employers to take reasonable stepsto prevent sexual harassment in the workforce.  The duty applies to all employers, regardless of their size or sector.  Failure to discharge the new obligation gives the Employment Tribunals the power to increase compensation by up to 25%. The change is likely to come in from October.

5. Allocation of Tips

New legislation will come into force from circa October requiring employers to ensure that 100% of tips are paid to workers in full without deduction.  Employers will be required to have a written policy explaining how they handle tips and must maintain wage records back dated for at least 3 years.  There is a draft Statutory Code of Practice which is open for consultation currently.

6. Predictable Working Pattern

From circa September a new statutory right will be introduced for workers to request a more predictable working pattern in terms of hours or times worked.  A new Statutory Code of Practice will be produced by ACAS.  The framework to make a request will be similar to making a flexible working request.

7. Family Friendly Legislation

The right of first refusal to suitable alternative vacancies in a redundancy situation currently afforded to employees on maternity/adoption/shared parental leave will be extended.  The extension will cover employees from when they notify the employer of their pregnancy through to 18 months after child birth/adoption.

8. Flexible Working

From 6 April 2024 the current flexible working rights will change, to become a day 1 right and to permit employees to make 2 requests in 12 months.  Requests must be answered within 2 months and there will be an update to the ACAS Code of Practice.

9. Carer’s Leave

From 6 April 2024 there will be a new entitlement of 1 week’s unpaid leave for employees who care for dependants with long-term care needs.  This will be a day 1 right. Long- term care includes physical/mental conditions, disability or simply old age, which lasts for 3 months or longer.  The Employer can postpone but not deny the request.

10. Rate Changes

The new annual rate changes come into effect from:

  • 2.4.24 Family Friendly pay rates – the new rates for 2024/2025 applying to all family friendly statutory payments increases to £184.03.
  • 6.4.24 Statutory Sick Pay (SSP) – the new rates for 2024/2025 applying to SSP increases to £116.75.

If you have any questions or you would like to enquire about our employment law retainer service please contact Jas Dubb: jdubb@keelys.co.uk

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