What's to come in 2024/25

A flurry of new laws received Royal Assent in 2023 which means that they are now on our statute books and likely to come into effect in 2024. Many have come about because of the Government’s 2018 Good Work Plan, which set out what was described as “the biggest package of workplace reforms for over 20 years”, and also following Brexit. In this feature, we look at what we know so far about the biggest changes employers must prepare for.

Carer’s leave

A brand-new right will be introduced for employees from day one of employment to have unpaid time off work to provide or arrange care for their dependant who has a long-term care need.

Eligible employees will be entitled to at least a week’s leave during any 12-month period.

It is expected that this will come into force around April 2024.

Flexible working

Several changes will be made to the current flexible working system.

From 6 April 2024, no service requirement will be necessary in order to make a request for flexible working (previously, 26 weeks service is required). Instead, employees will be able to make requests from day one of employment.

In addition, the following changes are set to be made, although no implementation date has yet been confirmed.

• Employees will be able to make two requests in any 12-month period.

• Employers must conclude the process within two months unless the parties agree a longer period.

• An employee will no longer have to explain, as part of their application, what effect, if any, they think their requested change would have on the employer.

• Employers must consult with the employee first before refusing a request.

More predictable working pattern

Certain workers, including agency workers, will have the right to request a more predictable work pattern. As part of the qualifying criteria, it’s expected that workers will need to have 26 weeks’ service before they can make such a request.

A request should be accepted unless one or more of the statutory grounds applies, similar to what’s in place already for flexible working requests. It is anticipated that this will come into effect around September 2024.

Pensions

It is expected that the age at which eligible workers must be automatically enrolled into a pension scheme by their employers will be lowered from 22 to 18 years old. The Lower Earnings Limit for qualifying earnings is also expected to be removed. First, however, a consultation will be launched by the DWP to seek views on implementing the new measures.

Redundancy

Employers will be required to offer pregnant employees, and those who have come back from maternity, adoption and shared parental leave until 18 months after the birth/adoption, a suitable alternative vacancy during a redundancy exercise, in favour of any other employee.

In relation to maternity leave, the added protection will apply when an employee tells their employer on or after 6 April 2024 that they are pregnant, and will last until 18 months after the expected week of childbirth, or the exact date of birth if the employee informs the employer of this.

Tips

This will be particularly relevant for the hospitality, leisure and service sectors because once it takes effect, employers will not be able to keep any money given as a tip and must have a written policy on how they will fairly allocate to workers.

There is no implementation date yet, but it is expected to take effect from April 2024. A draft code of practice on the fair allocation of tips is currently the subject of public consultation and will be in place to support employers applying this Act.

“Fire and rehire”

The Government’s response to the consultation on the draft Statutory Code of Practice on “fire and rehire” practices, and the final version of the Code, will be published in Spring 2024. This is the next step in placing more rules on the process used by employers to enforce changes to employee’s terms and conditions by dismissing and re-engaging.

It is envisaged that the new Code of Practice will come into force in the latter part of 2024.

For more information on employment law changes contact Ashored.