Big changes are expected for employment law and HR in 2024, many of which are due to come into force in April. Employers should be preparing now by familiarising yourselves with the changes, creating and/or updating policies and handbooks and providing relevant training to staff.
The April Changes
We provide below a brief overview of what to expect from 6 April 2024:
1. Extended redundancy protection
Currently a woman on maternity leave who is made redundant is entitled to be offered a suitable alternative vacancy in priority to other employees. Redundancy protection will be extended for all employees who are pregnant and have told their employer (whether verbally or in writing), returning from maternity, adoption or a period of six or more weeks of shared parental leave (if under six weeks protection lasts for the period of leave). Protection is for 18 months from birth or being placed for adoption or entry into the UK if adopting from abroad. Similar protection will apply to new parents returning to work from adoption or shared parental leave. If an employee is pregnant then suffers a miscarriage, protection is for two weeks after the pregnancy if it was less than 24 weeks or for the entire statutory maternity leave period if their pregnancy was longer.
2. Enhanced Carer’s Leave
We have covered this topic in further detail here, but briefly, the new law gives qualifying employees, regardless of length of service, up to one week of statutory unpaid leave in a 12-month rolling period to care for, or arrange care for, dependants with long-term care needs. The new Regulations also provide protection to employees from detriment and unfair dismissal relating to Carer’s Leave.
3. Changes to Flexible Working
The need for employees to have 26 weeks of continuous service to make a request is removed. Instead, flexible working requests will become a day one right. Employee’s will be able to make two applications during any 12-month rolling period (previously one) and are no longer required to set out how their request would impact the business. Employers will now have to consult with employee’s regarding their application and alternatives before they are able to refuse it, and the decision period is shortened from three to two months (unless otherwise agreed with the employee). Acas will be publishing a new Code of Practice on flexible working, which will be taken into account by an employment tribunal when considering relevant cases.
4. Changes to Paternity Leave
Eligible partners whose child is expected to be born or adopted after 6 April 2024 will be able to take paternity leave at any point in the first year after birth or placement (rather than eight weeks), and as two non-
consecutive weeks. There is also a shortened 28-day notice period about intention to take leave.
5. Holiday entitlement and pay
For holiday years starting on or after 1 April 2024, holiday entitlement and pay will change for workers with irregular hours or those who work part of the year, reversing the Supreme court decision in Harpur Trust, allowing employers to calculate holiday at a rate of 12.07% of the hours worked in the previous pay period and the option to pay ‘rolled up’ holiday pay where certain conditions are met.
6. Increase in statutory pay rates
From 1 April 2024, workers aged 21 and over will be entitled to the National Living Wage. Currently you have to be 23 to qualify. The rate will go up to £11.44 from £10.42. Workers aged 20 and under are entitled to the National Minimum Wage:
If you are 16 or 17, the National Minimum Wage will be £6.40 an hour, up from £5.28
If you are 18, 19 or 20, the National Minimum Wage will be £8.60, up from £7.49
The separate apprentice rate, which applies to eligible people under 19 – or those over 19 in the first year of an apprenticeship – will be £6.40 an hour, up from £5.28.
Statutory sick pay from 6 April 2024 increases from £109.40 to £116.75 per week.
Family-related statutory pay from 7 April 2024, the rates of statutory maternity pay, statutory paternity pay, statutory adoption pay, statutory shared parental pay and statutory parental bereavement pay increase from £172.48 to £184.03 per week.
Redundancy pay: from 6 April, the limit on a week’s pay for calculating redundancy pay increases from £643 to £700.
With April looming and further changes expected later this year, Employers will undoubtably be looking to get to grips with the changes and implement effective policies and processes.
If you would like further information on any of the topics above, or for advice on preparing your business for these changes, please contact a member of our Employment Team.
For further information or advice on any employment law matter, please contact Louise Brenlund or Hope Flashman-Wells
Warners Solicitors has offices in Sevenoaks and Tonbridge, Kent.
This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.
