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NEW EMPLOYMENT LAWS FOR 2024

The sands of workplace legislation have been shifting again. People Management
highlights changes to look out for

by Juliette Rowsell 13 December 2023

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Next year is set to see a series of legislative changes that will have big
ramifications for workers and HR. 

Jane Mann, employment partner at Fox Williams, told People Management:
“Employers will need to hit the ground running after the festive season, as 2024
is shaping up to be a busy year for new employment law.” 

The changes in policy cover employment rights, flexible working and holiday pay.
There will be greater protection from redundancy for employees who are pregnant
or coming back from maternity leave, as well as new rights for those who balance
work and caring responsibilities. 

Mann continued: “A hot topic recently has been the importance of employers’
addressing workplace bullying and harassment, particularly given the legal risks
and potential damage to reputation. This will become even more important as the
new duty on employers to prevent sexual harassment kicks in towards the end of
next year. 

“If employers want to argue that they’ve taken reasonable steps to prevent
harassment, they are going to have to proactively review policies and regularly
train staff on the law and their responsibilities.”


HIKE IN THE MINIMUM WAGE

Chancellor of the exchequer Jeremy Hunt announced in the autumn statement that
the national living wage will increase by almost 10 per cent following high
inflation and the cost of living crisis. 

The change will see it rise from £10.42 to £11.44 per hour from 1 April. 

For the first time, the increase will be expanded to cover 21 and 22 year olds
and the national minimum wage rates for younger workers will also rise by £1.11
an hour to £8.60 for 18 to 20 year olds. 



Pay for those undertaking apprenticeships will also increase, with an
18-year-old apprentice in industries including construction seeing their minimum
hourly pay increase from £5.28 to £6.40.

Read more: Autumn statement: five key takeaways for HR


HOLIDAY PAY AND TUPE CHANGES TO COME INTO FORCE AS EARLY AS 1 JANUARY 2024

Holiday pay for part-time and irregular hours workers has been reformed so their
entitlement is calculated at 12.07 per cent of hours worked in a pay period.

The decision was made to reform holiday pay for such workers after the Supreme
Court’s decision in Harpur Trust v Brazel resulted in part-year workers
receiving more holiday entitlement than part-time workers who worked the same
number of hours on an annual basis.

The reforms will also see changes to Transfer of Undertakings Protection of
Employment (TUPE) rights, which protect employees and their benefits when their
organisation transfers from one employer to another.

The changes look to ease the pressure on small businesses by allowing them to
consult with their new employees directly if there are no existing worker
representatives in place. Where employee representatives – including trade
unions – are in place, employers will be required to consult them.

Read more: An employer’s guide to the new laws on holiday pay for part-time
workers


MISCARRIAGE LEAVE BILL

The miscarriage leave bill looks to introduce three days of paid leave for
people who have experienced baby loss before 24 weeks as, under current
legislation, those going through the loss are not entitled to any paid leave.
Only a handful of countries currently have miscarriage leave, including New
Zealand, India and the Philippines. 

The bill has seen its second reading delayed multiple times. The second reading
had been announced to take place on 24 November, but was postponed after
parliament did not sit on this day.

Read more: ‘No such thing as a normal pregnancy’ – event panellists demand more
from firms to support those coping with loss


CARER’S LEAVE ACT

The Carer’s Leave Act 2023 received royal assent in May 2023 and looks to cement
the rights of those who balance work with caring responsibilities. It will allow
these workers to take at least one week of unpaid carer’s leave per year. This
will cover those with an illness or injury that is expected to last more than
three months, those with a disability or where care is related to old age. It is
expected to come into force in April.

Read more: Greater legal rights for parents and carers – but are they enough?


FLEXIBLE WORKING ACT

Employees across the UK will be given greater flexibility from next year over
where and when they work. Employers will be required to consider any flexible
working requests and provide a reason before rejection.

The Act, which received royal assent in July, will cover rights to request
flexibility over part time, term time, flexi-time, compressed hours and
adjustable start and finish times.

Lawyers at Stephens Scown estimate that employers can expect to see changes from
around July 2024. 

Read more: Experts divided as flexible working bill reaches royal assent


GENERAL ELECTION

And of course, there’s nothing like a general election to shake the status quo.
After the coalition government introduced fixed-term parliaments in 2011, the
government will be required to call a general election next year, which could
have a major impact on employment law.  

If the Conservative Party stays in power, we can expect it to carry on full
steam ahead with its five-point plan to reduce immigration to lessen the UK’s
dependence on overseas workers in favour of UK workers. But if the Labour Party
were to win in the election, the party has pledged to introduce an employment
rights bill, which would put a ban on zero-hours contracts, end fire and rehire
practices and strengthen sick pay.





RELATED ARTICLES


AN EMPLOYER’S GUIDE TO THE NEW LAWS ON HOLIDAY PAY FOR PART-TIME WORKERS

14 November 2023 by Juliette Rowsell

The government is trying to simplify the calculation for irregular hours and
part-year employees


GREATER LEGAL RIGHTS FOR PARENTS AND CARERS – BUT ARE THEY ENOUGH?

29 August 2023 by Sarah King

Sarah King analyses three new laws designed to offer more legal protection and
additional paid leave


EMPLOYEE RIGHTS: PREGNANCY LOSS

21 April 2023 by Danielle Ayres

How should employers support a staff member who has lost their baby? Danielle
Ayres explains


MORE ON THIS TOPIC

 * How to (safely) write your Christmas and New Year out-of-office
 * People Management poll: nearly half have ‘stalked’ potential colleagues on
   social media
 * NHS Trust failed to make reasonable adjustments after neglecting to provide
   recommended support for nurse who returned to work after brain haemorrhage,
   tribunal rules
 * Could automation lead to a three-day week?
 * Retirement support a fast-growing priority for employers, research finds




LATEST ARTICLES

Running a fair redundancy procedure

Four things that HR leaders and businesses must do to make 2024 better than 2023

How to (safely) write your Christmas and New Year out-of-office

People Management poll: nearly half have ‘stalked’ potential colleagues on
social media





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