At the Regional Council, it was reported that, the following legislative changes came into force in April 2024 which will help make the workplace a fairer space for all:
- Protection from Redundancy (Pregnancy and Family Leave) Act 2023
- Carer’s Leave Act 2023
- Neonatal Care (Leave and Pay) Act 2023
- Worker Protection (Amendment of Equality Act 2010) Act 2023
- Workers (Predictable Terms and Conditions) Act 2023
- Increase in tribunal compensation limits with effect from 6 April 2024.
The Protection from Redundancy (Pregnancy and Family Leave) Act 2023
Prior to this only employees on maternity leave, shared parental leave and adoption leave enjoy enhanced protection in a redundancy situation, under the Employment Rights Act 1996, which requires employers to offer first refusal of any suitable alternative role if one is available in a redundancy situation.
Whilst there is other legal protection available under the Equality Act 2010 which prohibits less favourable treatment for those who are pregnant, on maternity leave or family leave, this protection falls away when an employee returns to work. This means an unscrupulous employer may wait for an employee to return from maternity leave before making them redundant.
The Act, which was given the royal assent on 24 July 2023, came into force on 6 April 2024, essentially prevents this from happening by providing essential safeguards for a wider group of individuals including pregnant employees and those employees that are returning from family leave. The Act grants priority to pregnant employees from the moment they notify the employer until 6 months after they return to work (including employees returning from parental leave) when considering redeployment opportunities during a redundancy situation and also requires the offer of a suitable alternative role before they are made redundant.
Key increase to Employment Tribunal compensation limits with effect from 6 April 2024
- Maximum compensatory award for unfair dismissal: £105,707 – £115,115
- Weekly pay: £643 – £700
- Minimum basic award for some forms of unfair dismissal (health and safety, employee representatives, trade union related dismissals) from £7,836 – £8,533
- Statutory guaranteed pay increases from £35 – £38 per day
Employment Relations (Flexible Working) Act 2023
Came into force on 6 April 2024, this Act will create a day one right to request flexible working as opposed to the current 26 weeks’ service requirement.
Employees will be able to make two requests in any 12-month period as opposed to the current position which allows just one request in any 12-month period.
Employers are also required to communicate their decision to the employee within two months as opposed to the current three-month timescale.
Employees are no longer required to justify the effects of the flexible working request, this is designed to making flexible working more accessible to more people although the reasons why an employer can lawfully refuse a request for flexible working remain the same which include commercial factors for the refusal or if the request will have a negative effect on the quality and on the business’s ability to meet consumer demands and performance targets.
What to Expect in the coming months
The Workers (Predictable Terms and Conditions) Act 2023
Expected to come into force in September 2024, the Act is designed to increase protection for workers in the gig economy in relation to working patterns, allowing them to request more predictable terms and conditions of employment.
The Neonatal Care (Leave and Pay) Act 2023
The Act, which was passed in 2023, and is expected to come into force in April 2025, will grant parents of newborn babies who are hospitalised in their first 28 days of life for a period of seven days or more, the right to neonatal leave and pay for up to 12 weeks.
This is a “day one” right – available to employees from the first day they start employment and provides protection for parents with babies who require crucial care and will allow them more time to spend with their babies without having to worry about their pay.
The Worker Protection (Amendment of Equality Act 2010) Act 2023
This is expected to come into force in October 2024. This will require employers to take reasonable steps to prevent sexual harassment of employees in the course of their employment.
This means that employers may face increased financial penalties where they have failed to take steps to protect their employees.
The law originally also imposed liability for harassment of employees by third parties in certain situations – but this provision has been removed, which has watered down the new protection.
The Act will be supported by a new statutory code of practice currently being produced by the Equality and Human Rights Commission so there is more guidance to follow in this area.
Employment (Allocation of Tips) Act 2023
This act is due to come into force on 1st October 2024. Employers will be required to pass on tips in full to workers:
- tips must be allocated in a fair and transparent way;
- employers of businesses where tips are left more than occasionally are required to have
- a tipping policy in place;
- tips must be distributed within one month following the month in which they were received;
- workers have a right to request a copy of their tipping record in order to enable them to bring a claim to employment tribunal where they believe they are not receiving tips they should be;
- employers are required to maintain a record of how every tip has been dealt with for
- three years from the date the tip was paid; and
- employers must have regard to the new statutory Code of Practice when distributing
Image Credit: Photo by Tingey Injury Law Firm on Unsplash
Posted: 9th October 2024