Employment Law Bulletin

Employment Law Bulletin - April 2024

News

This Employment Law Bulletin explores the key upcoming legislative changes to employment law which will take effect this month.

Minimum Wage

On 1 April, the National Living Wage will increase from £10.42 to £11.44 per hour, being the largest ever increase in the minimum wage and the first time it has been increased by more than £1.00.

Changes to holiday entitlement for irregular hours and part-year workers

From 1 April, changes to calculating holiday entitlement and an option to pay rolled-up holiday pay will come into force for part-year workers and irregular hours workers. This is a welcome change which will simplify the calculation of holiday for atypical workers.

The method of calculation changes so that holiday will no longer need to be calculated by reference to the average hours worked, and holiday entitlement for those workers will now accrue at a rate of 12.07 per cent of the hours actually worked during a pay period. Employers will also have the choice to:

Pay workers holiday pay when they take their holiday; or
Pay irregular hours and part-year workers rolled-up holiday pay.

These changes will only come into effect for holiday years starting on or after 1 April 2024.

Employment Rights (Flexible Working) Act 2023

From 6 April 2024, the right to request flexible working will become a day one right for all employees and employees will no longer need to have 6 months service before they can make a request. Employees will also have the right to make two flexible working requests in a 12-month period, changing from only one.

Businesses will also be required to consult with employees and explore alternative options before rejecting a request, and employees will no longer be required to provide employers with details of how the request would impact the business and how this could be addressed.

Carer’s Leave Act 2023

The act makes provision for unpaid leave for employees with caring responsibilities and will become a day-one right as of 6 April 2024. Employees can take up to one week of unpaid leave every 12 months to provide or arrange care for a dependent with a long-term care need, and the leave does not need to be taken in a single block, it can be taken as individual days or half-days.

Employers cannot refuse leave or request proof of why the leave is required. Employers can postpone leave if they reasonably believe operations of the business would be disrupted but will have to honour the request within one month of the date it was made and will have to provide written notice of the reasons for postponement.

Protection from Redundancy (Pregnancy and Family Leave) Act 2023

Currently, employees on maternity leave, shared paternal leave or adoption leave have special protection in a redundancy situation. From 6 April 2024, the legislation extends that status to pregnant employees and those who have recently returned from maternity or adoption leave and shared parental leave.

Pregnant employees will have this protection from the date they notify the employer they are pregnant, until 18 months after birth.

Employees on adoption leave will be protected for 18 months after the date of placement.

Employees taking less than six weeks of parental leave will be protected during that period, and any period of more than six continuous weeks shall give protection for 18 months after the birth.

Paternity Leave

Previously new fathers could take up to two weeks’ paternity leave within eight weeks of the birth in a single block. Under the new rules workers will be able to take paternity leave at any point in the first year after birth and can take the leave either as a block of two weeks, or two periods of one week’s leave. Fathers will also be able to give 28 days’ notice of the dates of their paternity leave rather than the existing 15 weeks before birth, although they will still need to inform employers of the expected birth 15 weeks beforehand.

If you have any employment law related queries which you would like to discuss with a member of the team, in confidence, please do not hesitate to contact us.

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