Charting the Changes to Employment Law: a 2024 preview

There have been a lot of changes in employment law announced recently. 2024 will see these come into force, although bear in mind that we now have confirmation that 2024 will also be an election year, so how many of these changes will remain in place long-term is unknown.

Below is a checklist which we hope you can use to make sure you are aware of all upcoming changes – have any passed you by??

1.?????? HOLIDAY: Reverting back to 12.07% with each pay packet for part-year or casual workers

Our comment: Reverting back to the easier method of calculation!

2.?????? SEXUAL HARASSMENT: Positive duty on employers to take reasonable steps to prevent this. Not a stand-alone claim (must be added on to sexual harassment)

Our comment: Due to the employer’s defence, it was previously advisable to take reasonable steps whereas the change now means it is necessary because there is a 25% uplift on all successful harassment claims otherwise (not limited to the sex element). The defence requires that ‘all’ reasonable steps are taken however and this claim does not.

3.?????? TUPE: Businesses with under 50 employees doing transfers of any size, and businesses of any size doing transfers of under 10 employees, will be able to consult directly if there are no existing representatives in place

Our comment: This has to be good news for smaller businesses that are considering corporate transactions and will inevitably speed up the sale process. Ultimately the commercial risks will remain the same about transferring contracts and ensuring good title is passed.

4.?????? PREGNANCY: Redundancy protection extended to cover pregnancy and a period of time after new parents return to work. This protection is first refusal on any suitable alternative employment

Our comment: Pregnant women can still be made redundant but more care is required.

5.?????? FLEXIBLE WORK REQUESTS: This will be a day one right. Employees will be able to make two requests in each 12 months. The response time on employers will be reduced from 3 months to 2. Employers cannot refuse the request unless and until they have consulted with the employee. The employee no longer has to explain in their request the possible effect on the employer and how this would be dealt with.

Our comment: This is a change in favour of employees and increases the burden on employers. Perhaps consider at the time of appointing people whether flexible work is likely to be relevant and/or problematic.

6.?????? FIRE AND RE-HIRE: Statutory ACAS code coming into force to be used in unfair dismissal cases. 25% uplift on compensation if not followed.

Our comment: Fire and re-hire has never been popular and has always been the tool of last resort. It should remain that way and it is good news that there will be guidance to reassure people that, when necessary, it is being done properly.

7.?????? PREDICTABLE TERMS ACT: Amends the ERA to give workers the right to request a predictable work pattern if:

a)?????? There is a lack of predictability in any part of their work pattern (FTC of 12 months or less are presumed to lack predictability)

b)????? The change requested relates to their work pattern

c)?????? The purpose in applying for the change is to move to a more predictable work pattern

Two applications may be made each 12 months. There will be 6 statutory grounds to reject – more detail to come via Regulations. An employer will have one month to make a decision and won’t be able to offset the change with other less favourable terms.

Our comment: Crucially this is the right to request a predictable pattern, it is not the right to be given a predictable pattern.

8.?????? ALLOCATION OF TIPS ACT: There are significant changes to come here.

Our comment: It is worth spending some time looking into this if you are in the hospitality sector.

9.?????? CARER’S LEAVE: Employees will be able to apply for up to one week of unpaid carer’s leave in any 12 months if they have a dependent with a long-term care need and the leave is to provide or arrange care. This is a day one right. An employer can request leave is postponed if it would unduly disrupt the business – they must do so before leave starts and must explain why and must allow leave to be taken within a month of the requested start date. Employees are protected from resulting detriment and dismissal.

Our comment: Employers may wish to consider how they will keep a record of this and whether a policy will be needed.