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ROUND-UP OF ALL THE LEGAL CHANGES IN JANUARY 2024
1. Topics
2. Comment and analysis
3. News
4. Round-up of all the legal changes in January 2024
22 December 2023
2024 is set to be a busy year will plenty of legislative changes taking effect
at various points throughout the year, with changes still being announced as the
end of the year is nearly upon us.
The Government has just announced that it is backtracking on the proposed
increase from Spring 2024 to the salary required for family visas, and that the
proposed increase to £38,700 will not now take place. Instead, they plan to
initially set it at £29,000.
As the New Year fast approaches here is a reminder of what is happening in
January 2024:
From 1st January 2024:
* Covid holiday carry-over ends – the emergency rules on annual leave which
were implemented in 2020 meant that workers could carry over 4 weeks of leave
into the next 2 leave years where it was not reasonably practicable for them
to take it because of the effects of Covid. From 1 January 2024, this will be
removed, but for any employees who have any “Covid carry over leave” accrued
by that date but have not taken it, have until 31 March 2024 to use it. Check
out the ‘What’s New Wednesday’ next week for a template letter to give to
employees who are affected by this.
* Remaining rules on holiday carry-over continue – nothing actually changing
here but as these rights derive from ECJ case law it has had to be added to
our legislation to ensure that the status quo is maintained. There will
continue, therefore, to be a right of carry-over in the following situations:
* Where a worker was unable to take holiday due to being on maternity leave
or other family-friendly leave – can carry over 5.6 weeks to the following
leave year
* Where a worker was unable to take holiday due to sickness – can carry over
4 weeks of leave for 18 months after the end of the leave year in which the
leave was accrued
* Legislation will be updated from 1st January 2024 to state that for leave
years starting on or after 1 April 2024 employers can lawfully pro-rata
holiday entitlement for part-year and irregular hours workers, and if they
want to do so, can again use rolled-up holiday pay, but only for these types
of workers. Remember that whilst the law will be updated in January,
employers cannot actually make any changes until their next leave year
starting on or after 1 April 2024.
From 16th January 2024, subject to parliamentary approval, the Immigration
Health Surcharge is set to increase from £624 to £1,035.
Finally, from 22nd January 2024, if approved by parliament, the civil penalty
when an employer is found to have employed foreign workers unlawfully, will
increase:
* To £45,000 per illegal worker for a first breach.
* To £60,000 for repeated breaches.
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* Holiday leave year
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* Time off for IVF treatment
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