With a number of key employment law changes taking place this year - many of them effective from next month – Barcan+Kirby employment partner Samantha Castle summarises what’s changing.
Redundancy protection 
Currently, employees who are on maternity, shared parental or adoption leave and facing redundancy, have first access to an alternative role over other employees.
From April, The Protection from Redundancy (Pregnancy and Family Leave) Act 2023 will extend to:
- Pregnant employees in a ‘protected period of pregnancy’,
- Maternity, paternity, shared parental or adoption leave returners (up to 18 months after the birth or placing date),
- An employee who has suffered a miscarriage before the employer was made aware of their pregnancy.
New rules apply:
- Where employer is notified of pregnancy on or after 6 April 2024; and/or,
- Where maternity and adoption leave ends on or after 6 April 2024; and/or,
- To a period of six consecutive weeks’ shared parental leave starting on or after 6th April 2024.
Failure to provide this opportunity can result in an unfair dismissal and/or discrimination claims.
Flexible working
From 6 April, employees can request flexible working from day one of employment, making up to two requests in a 12-month period.
Employers now have no more than two months to respond to requests and consult the employee if rejection is being considered.
Employers should review and amend their flexible working policy.
Predictable working patterns
Later this year, fixed-term, agency and zero-hours contract workers will be entitled to request predictable working patterns. Requests can be made twice in 12 months with a minimum service requirement.
Holiday, working time and TUPE
Employees are entitled to 5.6 weeks of leave, comprising four weeks under EU law and 1.6 under UK law.
Part-year and irregular workers’ holiday pay is now calculated at 12.07% of hours worked in the previous pay period. Rolled-up holiday pay is allowed, where holiday pay is paid on top of their hourly rate, instead of being paid for their leave when they take it.
For TUPE transfers happening on or after 1 July, businesses with fewer than 50 employees who are transferring to another organisation of any size, and businesses with 50 or more employees and where the transfer affects less than 10 employees must inform and consult with affected employees.
Carer’s leave
From 6 April, employees who care for a dependant have the right to one week’s unpaid leave every 12 months.
Employers can’t refuse an employee’s request for carer’s leave. Employees must provide notice of twice the length of the time requested or three days; whichever is the higher number.
Harassment
From October, employers have further duties to protect employees against sexual harassment.
Under The Worker Protection (Amendment of Equality Act 2010) Act 2023, employers may have to increase compensation paid in a harassment claim if they have breached their duty.
Employers can protect their workforce by having a reporting system for harassment complaints and refreshing and re-circulating anti-harassment policies.
For advice on any of these changes, call 0117 325 2929 or visit barcankirby.co.uk
