A series of significant employment-related legislative changes are on the horizon.
In this post, we seek to illuminate these adjustments, which include modifications to flexible working regulations, an overhaul of parental leave legislation, a recalibration in the calculation of holiday entitlement for irregular workers, and the introduction of a statutory right to unpaid carers leave. These changes are not just legislative formalities; they are pivotal shifts that necessitate a proactive response from businesses seeking to foster a supportive and compliant workplace environment.
Changes to flexible working regulations
In April, new flexible working regulations come into force. They give employees the right to request flexible working arrangements from day one and allow them to do so twice every 12 months. Employees will no longer have to explain the impact their request could have or how to deal with it.
Requests can be related to the number of hours someone works, when they start or finish work, the days they work and/or the location they work from. Businesses will be expected to carefully consider how they can be accommodated in a way that works for both parties, consulting with the employee before making a decision – which they must now do within a two-month timeframe.
To prepare for these changes, employers should:
- Ensure that HR and management teams are fully briefed on the specifics of the new regulations and understand how to compliantly handle flexible working requests.
- Review their flexible working policies to make sure they are compatible with the new regulations and provide adequate guidance to employees and managers alike.
- Provide training to help managers get the most out of teams with mixed dynamics (e.g., where some team members work remotely, and others work in the office).
- Communicate the changes to all employees, explaining how the new regulations will affect their rights to request flexible working and the process for doing so.
- Consider implementing systems for request management (i.e. digital platforms for submitting and tracking requests).
Changes to parental leave legislation
Significant changes to parental leave legislation will also take effect in April. They include an amendment to paternity leave, which will allow fathers to take their two-week paternity leave entitlement in two separate one-week blocks, rather than one continuous block. Changes also include an extension to the period within which paternity leave can be taken, giving employees the right to take it at any point within the first 52 weeks after the child’s birth. The notice period required for taking paternity leave has also been reduced from 15 weeks before the Expected Week of Childbirth (EWE) to 28 days.
Other changes to parental leave legislation include the extension of redundancy protection covering pregnancy and the period following maternity, adoption, and shared parental leave, meaning employees in this situation will be given priority status for redeployment opportunities in a redundancy situation. Previously, this priority status only applied to employees on maternity, adoption or shared parental leave.
Employers will need to navigate the new rules carefully, considering the extended periods of protection and the increase in employees who will qualify for priority status in redundancy situations. Any restructuring plans will need to carefully consider these protections to ensure compliance.
Unpaid carers leave
From April, the UK is also introducing a statutory right to unpaid carers leave, allowing employees to take time off to care for dependants with long-term care needs. The definition of a dependant includes a spouse, civil partner, child, parent, or anyone living in the same household (excluding tenants, lodgers, boarders, or employees), or anyone else who reasonably relies on them for care.
Employees are eligible for this leave from their first day of employment and are entitled to one week of unpaid leave each year to care for or arrange care for a dependant with a long-term care need. Their jobs are protected during carer’s leave, and any dismissal related to taking this leave is considered automatically unfair.
Employees are, of course, required to notify their employer of their intention to take carer’s leave. The notice period required depends on the length of leave requested but must be at least twice the length of the leave or three days, whichever is longer).
While employers can’t refuse a request for carer’s leave, they can request to postpone it if it would cause undue disruption to the business. If postponed, the employer must propose an alternative date within a month of the original request and provide written notice within seven days of it. We recommend that employers supplement these rights with additional support measures to attract and retain talent, especially among older workers who may have more caregiving responsibilities.
Calculation of holiday for irregular workers
One of the most impactful changes set to take effect this year concerns the calculation of holiday entitlement for workers with irregular hours and part-year workers. These workers (including those with casual or zero-hours contracts) will now have their holiday pay calculated as 12.07% of actual hours worked in a pay period, for leave years starting on or after 1 April 2024.
2024 holds significant legislative changes but, by understanding them, businesses can not only ensure compliance but also take advantage of the opportunity to enhance their organisational culture, attract and retain talent, and foster a supportive workplace. For further support, take a look at our HR outsourcing solutions or get in touch today.
