All HR Legislation Updates – April 2024

Several amendments to employment legislation will be implemented starting on 6 April 2024.

These adjustments are applicable to England, Scotland, and Wales; however, they do not extend to Northern Ireland, as employment law in this region is devolved.

Changes to Flexible Working

Employees now have the opportunity to submit up to two requests annually for flexible working arrangements, marking a significant shift from the previous allowance of one request. Moreover, there’s a notable reduction in the timeframe for employers to respond to these requests, shortened from three months to two.

In response to a request denial, employers are now obligated to provide a clear explanation for their decision, while employees are relieved of the obligation to justify the impact of their request. However, the criteria for rejecting requests remain unchanged, encompassing factors such as the financial implications for the business or the potential effects on productivity, quality, or the ability to meet customer demands.

Additionally, through supplementary legislation, employees gain the right to make such requests from their first day of employment, eliminating the previous requirement of a 26-week qualifying period.

Carer’s Leave

Under this new legislation, employees are now entitled to take one week of unpaid leave annually to attend to caregiving responsibilities, reflecting a significant advancement in employment rights. This provision is applicable to all employees tasked with caring for a spouse, civil partner, child, parent, or other dependant in need of assistance due to disability, advanced age, or any illness or injury anticipated to necessitate at least three months of care.

This progressive measure underscores the recognition of the diverse caregiving roles individuals may undertake within their families. It ensures that employees can balance their professional commitments with their caregiving responsibilities, promoting greater work-life balance and wellbeing in the workplace.

Importantly, this leave entitlement is available from the very first day of employment, with no qualifying period required. This means that new employees can immediately access this crucial support, allowing them to fulfil their caregiving duties without facing undue financial strain or jeopardising their job security.

By offering this unpaid leave provision, employers demonstrate their commitment to supporting their employees’ diverse needs and fostering a compassionate and inclusive work environment. It reflects a positive step towards accommodating the evolving realities of modern family life and promoting employee wellbeing and productivity.

Redundancy Protection for Pregnant Employees

With this new legislation, employees taking certain types of parental leave now benefit from extended protection against redundancy, providing greater security and reassurance during significant life events. This enhanced safeguard ensures that individuals are shielded from redundancy for a minimum period of 18 months, significantly longer than the previous protection period.

Under this extended protection, employees facing redundancy retain the right to first refusal of any suitable alternative vacancies within their organisation. However, it’s crucial to note that redundancy remains a possibility if no appropriate vacancy is available, albeit with the necessary legal considerations.

Previously, this protection was limited to the duration of maternity, adoption, or shared parental leave. However, the updated regulations now extend the safeguard to encompass a broader timeframe. Protection commences from the day the employer receives notification of the employee’s pregnancy and continues for a duration of 18 months following the child’s birth.

Furthermore, these protections are now also applicable for 18 months following the date of adoption, providing additional support for parents on adoption leave. Similarly, for parents opting for shared parental leave, the protection extends for 18 months after the birth of the child, provided that one parent takes at least six weeks of shared parental leave.

This comprehensive extension of redundancy protection acknowledges the diverse circumstances and needs of employees during significant life transitions. It reflects a commitment to fostering a supportive and inclusive workplace culture that prioritises the wellbeing and security of employees and their families.

Paternity Leave Flexibility

Paternity Leave is also updating in the new legislation changes. Employees taking statutory paternity leave (and pay, if they are eligible) now have increased flexibility in how they use their entitlement. They can split their two weeks’ leave into two separate one-week blocks, rather than being required to take them consecutively. This change allows parents to better tailor their leave to their individual circumstances and needs.

Furthermore, there is now a broader window for taking paternity leave. Previously, it had to be taken within the first eight weeks after the child’s birth. However, employees can now take their two weeks’ leave at any time within the first year following the birth, providing more flexibility to accommodate family dynamics and personal situations.

Regarding notice requirements, employees are now only obligated to give 28 days’ notice for each week of leave, down from the previous 15-week notice period. However, they still need to provide notice of their intention to take paternity leave 15 weeks before the expected date of birth. This adjustment allows for more efficient planning while ensuring that employers have adequate time to manage staffing and workload.

These changes to statutory paternity leave aim to better support working parents and promote a healthy work-life balance. By offering increased flexibility and streamlining administrative processes, employers can create a more supportive and inclusive workplace environment that prioritises the wellbeing of employees and their families.

It’s essential for companies to plan ahead for changes in employment legislation, including those related to parental leave, to ensure they comply with the law and maintain a supportive workplace environment. By anticipating these legislation changes, businesses can adjust their policies and procedures, accordingly, promoting a positive culture that values employee wellbeing and family support. Moreover, proactive planning enables companies to effectively manage staffing levels, workload distribution, and resource allocation, reducing potential disruptions and ensuring smooth operations during periods of transition. Ultimately, taking a forward-thinking approach allows organisations to meet their legal obligations, enhance employee satisfaction, and sustain long-term success in a constantly evolving regulatory landscape.