We appreciate that it’s difficult to keep up with the various changes being implemented. As such, we’ve briefly summarised some of the key changes below.
Flexible Working: The Flexible Working (Amendment) Regulations 2023 remove the requirement for an employee to have been continuously employed for a period of at least 26 weeks to be entitled to make a flexible working request. From 6th April 2024, it will become a day one right that an employee will be able to make a flexible working request.
Employers will still be able to refuse flexible working requests, but, as always, care needs to be taken to avoid an indirect discrimination claim (for example, if a woman requests a change in working patterns for childcare purposes). Therefore, employers should remain open minded and take advice where there are any concerns.
The Employment Relations (Flexible Working) Act 2023 (when it comes into effect) will make the following changes to the statutory flexible working regime:
- employees will be allowed to make two requests (rather than one) in any 12-month period;
- employers will be obliged to consult with employees before rejecting a request;
- the requirement for the employee to explain what effect their requested change would have on their employer and how that effect might be dealt with will be removed; and
- the default timeframe for an employer to respond to a request will be reduced from three months to two.
The Act is expected to come into force in around July 2024, but we will keep you updated.
Acas has confirmed that it will be issuing an updated code of practice on flexible working this year.
Enhanced redundancy rights for new parents: Currently, if an employee on maternity leave is potentially redundant, she is entitled to be offered any suitable available vacancy in priority to other potentially redundant employees. From 6th April 2024 this right is being extended under The Maternity Leave, Adoption Leave and Shared Parental Leave (Amendment) Regulations 2024 to include employees from the point they tell their employer they are pregnant and for 18 months from the first day of the estimated week of childbirth. The protected period can be changed to cover 18 months from the exact date of birth, if the employee gives the employer notice of this date prior to the end of maternity leave.
Equivalent rights will be extended to parents on other types of statutory leave.
Carer’s leave: The Carer’s Leave Regulations 2024 will come into force on 6th April 2024 and will give employees who have a dependant with long-term care needs a statutory right to one week’s unpaid care leave per year. The leave may be taken in consecutive or non-consecutive individual days or half days. The required notice period is either twice as many days as the period of leave required, or three days, whichever is the greater. The notice does not need to be in writing and an employer cannot require evidence in relation to the request before granting the leave. Employers can postpone a request if the operation of the business would be unduly disputed, such leave to be rescheduled. Employees are protected from detriment and dismissal because they take or seek to take carer’s leave (or the employer believes they are likely to do so).
Neonatal care leave: Neonatal Care (Leave and Pay) Act 2023 allows eligible employees whose new-born baby is admitted to neonatal care to take up to 12 weeks of paid leave, in addition to the right to take other leave such as maternity or paternity leave. The right to leave will apply from day one of employment, although the right to pay will be subject to a 26-week service requirement. The Bill received Royal Assent in May 2023 and is expected to come into force in April 2025.
Predictable working pattern: The Workers (Predictable Terms and Conditions) Act 2023 is expected to come into force in September 2024 (date to be confirmed). The new Act introduces a new statutory right for workers to request a more predictable working pattern. This will apply to workers whose existing working patterns lack certainty in terms of the hours or times they work, and to those on a fixed-term contract of 12 months or less. The new law will also apply to agency workers who will be able to apply to either the temporary work agency or the hirer to request a more predictable working pattern, provided they meet certain qualifying conditions. A maximum of two applications will be allowed during any 12-month period. Employers will be required to deal with any requests in a reasonable manner and notify the worker of their decision within one month. Requests may be refused on one of a series of specified grounds, such as the burden of additional costs, detrimental impact on the recruitment of staff or other aspects of the employer’s business, or there being insufficient work during the periods the worker has asked to work.
Acas has produced a new draft Code of Practice to provide guidance on how to make and handle requests for a more predictable working pattern. Code of Practice on handling requests for a predictable working pattern (draft) | Acas
Restrictive covenants: a date remains to be set when the government will introduce legislation to restrict non-compete clauses to three months.
TUPE: A micro-business is allowed to consult directly with their employees about the proposed transfer provided there are no existing worker representatives in place. For TUPE transfers after 1st July 2024 the definition of micro-business for consultation purposes shall include small businesses (with fewer than 50 employees) or businesses of any size where fewer than 10 employees are transferring.
Contact Us
Selene Holden (seleneholden@greene-greene.com ~ 01284 717436)
Greg Jones (gregjones@greene-greene.com ~ 01284 717446)
Angharad Ellis Owen (aeo@greene-greene.com ~ 01284 717453)
Katie Harris-Wright (katieharris-wright@Greene-Greene.com ~ 01284 717442)
For more information on the services offered by Greene & Greene Solicitors please visit www.greene-greene.com and follow on Twitter @GreeneGreeneLaw
