Navigating the shifting legal landscape: An overview of key employment law changes coming up in 2024

As we embark on the new year, the United Kingdom sees several legislative changes to existing UK-wide employment law. Below is a list of the most important changes with details of the key dates when they come into force.

• Compliance with the 48-hour working week limit

Effective from 1 January 2024, employers face a shift in obligations regarding the maintenance of "adequate" records demonstrating compliance with the 48-hour working week limit. This marks a substantial departure from the previous obligations in the Working Time Regulations. Concurrently, revised rules pertaining to holiday pay and carry-over necessitate employers to adapt their existing policies promptly.

• Paternity leave and pay rates: a legislative facelift

From 8 March 2024, there will be new rules around paternity leave. These changes were announced in response to the July 2019 consultation on the 'Good Work Plan: Proposals to Support Families’.

The Paternity Leave (Amendment) Regulations 2024, currently in draft, introduce notable changes, providing employed fathers and partners with the flexibility to take leave in non-consecutive blocks and extending the timeframe for leave within the first year. The notification period for birth-related leave is also shortened to 28 days before the intended dates. These changes apply to events on or after April 6, 2024.

• Upcoming legislative enhancements for employees

As usual, the new financial year brings a raft of changes to employment law. From April 6th,  a series of legislative modifications encompass new rights for flexible working, carers, and statutory family leave. These amendments aim to fortify workplace inclusivity and prioritise the well-being of employees.

• Carers' Leave Regulations 2023

Currently in draft form, these regulations permit employees to take up to one week of unpaid leave annually for caregiving responsibilities. Noteworthy is the flexibility allowed - this period can be taken in increments, with a minimum duration of half a day. 

Adequate notice, at least twice the duration of requested leave, is mandatory. Employers retain the right to postpone leave for up to a month in case of undue business disruption, with guaranteed job retention and protection against detriment and unfair dismissal for employees seeking to take Carers’ Leave.

• The Maternity Leave, Adoption Leave, and Shared Parental Leave (Amendment) Regulations 2024

Again, currently in draft, these derive their authority from the Protection from Redundancy (Pregnancy and Family Leave) Act 2023. These regulations expand upon existing obligations imposed on employers in instances of redundancy involving employees on maternity, adoption, or shared parental leave. The extension ensures that these requirements remain applicable not only during the specified leaves but also encompass the period following the conclusion of pregnancy-related leave.

• Flexible Working (Amendment) Regulations 2023

These new regulations will seek to omit regulation 3 of the Flexible Working Regulations 2014, this amendment removes the 26-week continuous employment requirement for workers to request flexible working, making it a day-one right.

Future developments in 2024

• July 1st: Provisions of the Employment (Allocation of Tips) Act 2023 come into force, ensuring fair distribution of tips, gratuities, and service charges to workers, with the issuance of a Code of Practice.
• September/October: The Workers (Predictable Terms and Conditions) Act 2023 is set to take effect (via regulation), granting workers and agency workers the right to request more predictable terms and conditions of work.
• 26 October 2024: From this date, a new obligation for employers to prevent sexual harassment in the workplace will be implemented. This development follows heightened scrutiny of post-termination clauses related to harassment and discrimination, underscoring the imperative for employers to ensure precision in settlement agreement wording. Moreover, compensation for harassment involving sexual misconduct may be uplifted by up to 25% if reasonable preventive measures are not taken by the employer.

We’ll be providing further updates in more detail on many of these changes, but if you have any queries in the meantime, please contact one of our employment law team.