An update on UK employment law - 2024

The UK government has clarified that employers in the UK are not required to record the number of working hours each day for each worker. However, the requirement to keep adequate records to demonstrate compliance with the Working Time Regulations 1998 (SI 1998/1833) remains in place.

Implications for employers

Employers will need to review their current record keeping practices and ensure that appropriate records are kept in line with the Working Time Regulations 1998.

The rates for the National Minimum Wage will increase on 1 April 2024. Additionally, going forward the National Living wage will apply to everyone 21 years of age and above. Employers should check their pay rates against the National Minimum Wage statistics and ensure that, where necessary, they increase remuneration. 

Implications for employers

Employers are required to review their remuneration structure to ensure it complies with the statutory minimum and update their HR documentation accordingly.

Following the UK Supreme Court decision on Harpur Trust v Brazel [2022] UKSC 21, the method for calculating annual leave entitlement for part-year and irregular hours workers will be amended.

• For annual leave beginning on or after 1 April 2024, the entitlement will be calculated at 12.07% of hours worked in a pay period.
• Employers will have the ability choose how annual leave pay is processed. Either paying the worker annual leave pay at the time the annual leave is taken or rolled-up annual leave pay which is an additional amount which is paid throughout the year. This, however, will only be an option for part-year and irregular hours workers.

Implications for employers

With the updated guidance for annual leave for part-year and irregular workers, employers should revisit the arrangements in place and update their processes and HR documentation in line with this change to understand the financial implications. Depending on the contractual documentation in place, employers will need to review and issue an updated statement of terms and conditions for affected staff members.

The rates for statutory family-related pay will increase on 2 April 2024.

Implications for employers

Employers are required to review their family-related pay structure to ensure it complies with the government’s ‘Rates and thresholds for employers 2023 to 2024’ statutory minimum.

The Flexible Working (Amendment) Regulations 2023 introduce changes to the right to request flexible working. Primarily, making the right to request flexible working a day one right (currently 26 weeks of continuous service are required to request a change in work location, hours, or pattern). Additionally, the changes also extend to:  

• The requirement to consult with the employee prior to rejecting a flexible working request.
• The right of employees to make 2 statutory requests in any 12-month period.
• The reduction of the decision period for a statutory flexible working request to 2 months.
• The removal of the existing requirement for the employee to set out any likely effects of the proposed change on the organisation.

Implications for employers

Employers should review their flexible working policy documentation to ensure it meets the updated requirements and plan the corresponding communications to employees. Additionally, managers should receive training on how to handle flexible working requests going forward to ensure the approach and timeframes are aligned with the new requirements.

The government has published draft Paternity Leave (Amendment) Regulations 2024, which will amend the statutory paternity leave as follows: 

• The period in which paternity leave needs to be taken is extended to 52 weeks after the birth/adoption.
• Employees will have the option to choose either two non-consecutive weeks or a single period of one/two weeks of paternity leave.
• Employees will be required to give notice of entitlement to take paternity leave in/before the 15th week before the expected week of birth.
• Employees will be required to give at least 28 days' notice for each period of leave.

Whilst the above changes are coming into force on 4 March, the amendments will be applicable where the expected week of birth/adoption falls on or after 6 April 2024.

Implications for employers

Employers are required to review their paternity leave policy documentation and processes to ensure they meet statutory requirements.

The UK government has enhanced the protection against being subject to redundancy during pregnancy and for six months after return from maternity as well as adoption or shared parental leave.

Implications for employers

Employers should review their redundancy policies and procedures to ensure that the enhanced protection is accounted for in their redundancy process.

As outlined in the government’s ‘Rates and thresholds for employers 2023 to 2024’, the rate for SSP will increase on 6 April 2024.

Implications for employers

Employers are required to review their sick pay rates to ensure it complies with the statutory minimum.

The UK government has introduced a new leave allowance for employees who arrange or provide care to dependents in form of Carer’s Leave. All employees with caring responsibilities for a dependent will be entitled to one week of unpaid leave per year. It will be possible to take the leave in periods of a day or half a day.

Implications for employers

Employers should review and amend their HR policy documentation to ensure carer's leave is adequately covered.

The requirement to hold elections for employee representatives for TUPE consultation will be removed for small organisation (less than 50 staff) and all transfers for fewer than 10 employees. This will enable employers to directly consult with the employees on TUPE transfers.

Implications for employers

Affected employers will be required to review their TUPE consultation processes to ensure the appropriate documentation and procedures are in place to accommodate this changed approach.