April 2024 employment law changes - what are they?

There are numerous changes to Employment Law coming into force this year, many of which are effective from 6 April 2024. To help you prepare for the changes, our Employment Law team summarises the key developments below:

Redundancy Protection

For a long time, employment laws have granted additional protection from redundancy to employees on maternity, adoption or shared parental leave. Under the current laws, employees on maternity, adoption or shared parental leave have the right to first refusal for any suitable alternative roles in a redundancy situation.

As of 6 April 2024, The Protection from Redundancy (Pregnancy and Family Leave) Act 2023 will be extended to cover the following:

• Pregnancy

Under previous laws, protection is not afforded to employees who are pregnant. However, as of 6 April 2024, employees who are pregnant will be protected from the date they inform their employer of their pregnancy, for the full period of pregnancy.

• Maternity Leave

Previously, employees on maternity leave were protected during the period of absence (on maternity leave only). However, as of 6 April 2024, when the maternity leave ends on or after 6 April 2024, employees on maternity leave shall be protected for 18 months from the first day of the estimated week of childbirth.

An employee on maternity leave can also alter the 18-month period to start from the actual date of childbirth (as opposed to the due date, for example), provided they inform their employer in writing of the actual date of childbirth during their maternity leave period.

• Adoption Leave

Under the previous laws, employees on adoption leave are only protected during the period of absence whilst on adoption leave. Where adoption leave ends on or after 6 April 2024, employees on adoption leave are protected for the period of 18 months from the date of placement for adoption.

• Shared Parental Leave

Under the previous laws, employees on shared parental leave (SPL) are only protected from redundancy during the period of SPL.

However, where employees on SPL start their period of six continuous weeks of leave on or after 6 April 2024, they will be protected for 18 months from birth/placement for adoption, provided that the employee has taken a period of at least six continuous weeks of SPL.

If fewer than six consecutive weeks of leave are taken, the employee is protected from redundancy during the period of absence whilst on SPL only.

Employees must be aware that protection granted under SPL will not apply where the employee is otherwise protected under either the maternity or adoption provisions as above.

• Miscarriage

From 6 April 2024, if an employee suffers a miscarriage before 24 weeks of pregnancy, they will have protection during their pregnancy and for a two-week period following the miscarriage.

If an employee suffers a miscarriage after 24 weeks of pregnancy, this is classed as a stillbirth and they shall be entitled to maternity leave under the same protection as any other employee taking maternity leave.

Failure to implement the changes to give priority protection from redundancy can result in unfair dismissal and/or discrimination claims brought against the employer. Employers must therefore ensure their policies and procedures are updated to reflect these changes.

Paternity Leave

In addition to the 18-month redundancy protection afforded to fathers taking SPL, as of 6 April 2024, new and/or expecting fathers will also be able to:

• take their two-week paternity leave entitlement as two separate one-week blocks, as opposed to the current position where employees must take paternity leave in one continuous period of no more than two consecutive weeks.
• take paternity leave at any time in the 52 weeks after childbirth or placement for adoption as opposed to having to take paternity leave in the 8 weeks after childbirth, under the current position.
• give notice for each period of leave 28 days before the period of leave is taken (a reduction of the current position of 15 weeks’ notice before the expected week of childbirth).

Caring for Dependents

From 6 April 2024, a statutory right to carer’s leave comes into force. This will enable qualifying employees to take up to one working week of unpaid leave in each 12-month rolling period, from the first day of their employment. Such leave can be taken continuously, or in small blocks of half a working day or more.

Employers must be aware that they cannot ask an employee to evidence their eligibility for carer’s leave nor can they decline an employee’s request for such leave. However, an employer can postpone the request if the employer reasonably considers that the operation of the business would be unduly disrupted if the employee takes the leave when requested.

Flexible Working

Since the Covid pandemic, the desire for flexible working has grown exponentially amongst workers in the UK. It therefore may not come as a surprise that as of 6 April 2024, the following new rights will come into force: –

• Employees will be able to make two flexible working requests within a 12-month period (an increase on the current position of one application per year).
• Employees will be entitled to request flexible working arrangements from the very first day of their employment, rather than after 26 weeks as per the current position.
• Employees will no longer be required to explain the impact of their request on their employer’s business.

Employers need to be aware that any request for flexible working must be addressed within 2 months of them having received it. Further, if an employer chooses to deny an employee’s request they must firstly consult with the relevant employee to explain the reasons for the refusal.

Monetary Changes

In addition, on 1 April 2024 the following monetary changes came into force:

1. Employers are now able to calculate holiday entitlement for irregular hours and part-year workers using an accrual method based on 12.07% of hours worked in the pay period;
2. As an alternative method to calculating holiday pay for irregular hours workers, employees can have their holiday pay rolled up into their pay;
3. The Government’s National Living Wage was extended to apply to workers aged 21 and over (down from 23 and over) and increased from £10.42 to £11.44 per hour;
4. The National Minimum Wage for 18- to 20-year-olds increased from £7.49 to £8.60 per hour;
5. The National Minimum Wage for 16- to 17-year-olds increased from £5.28 to £6.40 per hour;
6. The National Minimum Wage apprentice rate increased from £5.28 to £6.40 per hour.

As of 6 April 2024, the amount used to calculate a week’s pay for the purpose of statutory redundancy payment will increase from £643 to £700.

Contact us:

If you have any questions or would like support or further advice, please do not hesitate to contact the Employment Team below.