Happy New Year. With 2024 now here, we thought it would be a good time to share some fundamental employment law changes to look out for in the year ahead.
Key employment law changes to look out for in 2024:
National Minimum Wage
As set out in our previous article, from 1 April 2024, the following national minimum age rates will apply:
National Living Wage (NLW) (21 and over): £11.44 (9.8% increase).
18-20-year-old rate: £8.60 (14.8% increase).
16-17-year-old rate: £6.40 (21.2% increase).
Apprentice rate: £6.40 (21.2% increase).
Accommodation offset: £9.99 (9.8% increase).
Please be aware that the NLW noted above applies to workers 21 and over. This previously applied to workers aged 23 and over.
Holiday Pay
The government is set to implement legislation permitting rolled-up holiday pay for certain workers.
Rolled-up holiday pay is the practice of not paying holiday pay while an employee or worker is on holiday. Instead, employers make an additional payment to employees or workers during their working weeks. The legislation intends that this payment will represent holiday pay due to them.
This approach has previously been deemed unlawful for all employees. However, for leave years starting on or after 1 April 2024, employers will now be able to use “rolled-up holiday pay” for irregular hours and part-year workers.
Flexible Working
During 2024, changes are to come into effect regarding an employee’s right to make a flexible working request.
Presently, only employees with at least 26 weeks of continuous employment can request flexible working under the statutory scheme. However, from 6 April 2024, legislative changes mean this service requirement will no longer be necessary. Instead, employees will have the right to make a flexible working request from day one.
Additionally, there will no longer be limits on employees making only one request in any 12 months. From 6 April 2024, changes will allow employees to make two requests in each 12 months.
Changes to TUPE
New legislation has introduced changes in relation to TUPE transfers involving smaller businesses. The newly introduced legislation provides that, for transfers taking place on or after 1 July 2024, there will no longer be a requirement to elect employee representatives for the purpose of TUPE consultation where:
- There are fewer than 50 employees at the employer; or
- The transfer involves fewer than ten employees.
In either of the above situations (provided there are no existing employee representatives in place and the employer has not invited any of the affected employees to elect employee representatives), employers will be able to inform and consult directly with employees.
Time off for carers
From 6 April 2024, new legislation is expected to come into effect. This legislation will give carers one week’s unpaid leave to provide or arrange care in each rolling 12-month period. The leave may be taken by those employees who have a ‘dependent’ with a ‘long term care need’. The legislation defines a ‘dependent’ as the employee’s spouse, civil partner, child, parent or person who lives at the same house as the employee (other than a lodger or tenant) and who reasonably relies on the employee to provide or arrange care.
A written request for such leave is not necessary. Furthermore, an employer cannot insist on evidence of why the employee is making a request. However, the employee must give notice. The required notice is either twice as many days as the period of leave required or three days, whichever is greater.
Redundancy
From 6 April 2024, increased redundancy protection for pregnant employees and new parents is expected to be provided. Essentially, the periods during which an employee may be protected and may, therefore, be entitled to have their rights prioritised over others in relation to suitable alternative employment is expected to be increased.
- Pregnant employees: It is understood that redundancy protection will start when an employee tells their employer and will continue until 18 months after the child’s birth.
- New parents: It is understood that redundancy protection must also be extended to ensure that new parents benefit.
- Adoption: An employee is likely to be protectiod of 18 months following a child’s placement following adoption.
- Finally, where an employee has taken shared parental leave (of at least six consecutive weeks), again, the employee will be protected for a period of 18 months from birth.
We hope you’ve found this round-up of key employment law changes coming up in 2024 useful. As experts in employment law, we continue to update our Knowledge Hub with new legislation that affects employers and employees as it is announced.
If you have any questions about employment law, including your obligations as an employer or your rights as an employee, please get in touch. We are always happy to offer a free initial telephone consultation.
National Minimum Wage