Changes in UK Employment Law

As 2024 gets closer, the Labour government’s ‘Plan to Make Work Pay’ is making big changes in UK employment law. These changes aim to protect workers better. They will update current laws to include stronger unfair dismissal rules, better flexible working options, and new rules to protect employees.

Key Takeaways

  • The statutory sick pay will be payable from the first day of sickness.
  • New gender, ethnicity, and disability pay gap reporting requirements for large employers.
  • Employers must prevent sexual harassment, including by third parties, from October 2024.
  • Enhanced redundancy protections for pregnant employees and those returning from maternity leave.
  • A week’s unpaid carer’s leave is now a statutory entitlement.

Unfair Dismissal Protection From Day One

The Labour government wants to change unfair dismissal rules. Now, workers will get protection from the first day of work. This is a big change from the old rule of two years.

Impact on Recruitment Processes

Employers might change how they hire people. They might make hiring rules stricter and have longer trial periods. In the UK, trial periods usually last three to six months. Labour wants to limit them to six months, like in some European countries.

This could affect companies that use long trial periods to check if someone is right for the job. They might also use temporary contracts and agency staff more. It’s important for employers to follow fair dismissal rules during these trial periods.

Expected Increase in Tribunal Claims

More people might go to employment tribunals because of these new rules. When it’s easier to claim unfair dismissal, more cases come up. This could make tribunals very busy.

To deal with this, employers should focus on reviewing trial periods well. They should also tell employees clearly if they will keep them or not before the trial ends. Keeping good records and following fair dismissal rules is key. Companies need to look at their employee tenure policies and keep detailed records to fight off claims.

Here’s a look at the old and new dismissal policies:

Aspect Current Policy Proposed Changes
Unfair Dismissal Rights After 2 years From Day One
Probationary Period Up to 6 months Likely capped at 6 months
Tribunal Claims Moderate volume Expected increase
Hiring Measures Standard Stricter, with potential extended probation

Companies need to get ready for more checks and the effects of these new rules. It’s important to be fair and open when firing people from the start.

Enhanced Right to Flexible Working

From 6 April 2024, the UK’s flexible working rules will change a lot. Now, employees can ask for flexible work from their first day, not after 26 weeks. This change aims to improve work-life balance and meet different personal needs.

Employers must now reply to these requests in two months, down from three. Also, employees can make two flexible work requests in a year, up from one.

More people will ask for flexible work because of these changes. Companies need to update their policies and train managers. They should also talk openly about work preferences.

Remote work options are key in today’s work world. Employers should invest in tech for remote work and make workplaces flexible. Focusing on what gets done, not when, helps adapt to these changes.

Employers must have good reasons for saying no to flexible work requests. Creating a supportive work culture is vital. The new Acas code will help manage these requests well.

Current Regulation New Regulation (Effective 6 April 2024)
Request eligibility after 26 weeks Request eligibility from day one
Single request per 12 months Two requests per 12 months
Response time of three months Response time of two months

A Timewise study found 50% of workers might ask for flexible work from the start. Pregnant Then Screwed research shows mothers are more likely to ask for flexible work after having a child. This highlights the need for these new rules.

As companies adapt, they should create an inclusive space. This space values both employee happiness and business success. Flexible work requests meet personal needs and make the workforce more engaged and productive.

Introduction of Statutory Sick Pay from Day One

Statutory Sick Pay (SSP) now starts from the first day of sickness. This change is big for the UK’s work world. Before, people had to wait four days to get SSP, leaving them without money during short illnesses.

This new rule is meant to be fairer. It will help about 1.3 million people, with 70% being women, says the TUC. It aims to ease the worry of losing money while resting.

Employer Cost Implications

This change will cost employers more. With SSP starting from day one, businesses will face higher costs and more work. Many employers already pay more than the minimum SSP.

Now, those who don’t will have to rethink their budgets. With 47% of employers only paying the minimum, they must weigh employee health against keeping costs down.

Removal of Lower Earnings Limit

The rule change also means no more earnings limit for SSP. This means more people, including those on low wages, can get SSP right away. It’s a big win for part-time and low-income workers.

But, employers will have to update their payroll systems. This adds to their work and could increase their costs.

The Right to Disconnect

The UK government is looking into making a ‘right to disconnect’ law. This idea is similar to laws in Ireland and Belgium. It aims to help workers by setting rules for not working outside work hours.

Healthier Working Practices

Having a ‘right to disconnect’ can make work better for everyone. It stops the harm caused by always being connected. By not checking emails outside work, people can rest better and work more efficiently.

In Ireland, this rule is already in place. It makes sure workers don’t have to work when they’re not supposed to. This shows how important it is to have clear lines between work and personal life.

Implementation Challenges

Starting this right to disconnect is hard for companies. They need to make rules that work for everyone. This means finding a balance between what the company needs and what workers want.

Even with the difficulties, making this rule can attract more workers. This is because many people work from home now and value their time off.

Family Leave Reforms

UK employment law is changing in 2024 to help families more. These updates aim to make workplaces better for families. They help employees balance work and family life.

Parental Leave from Day One

Labour’s Plan makes sure parents get leave from the start. No longer do employees need a year to qualify. This change helps new parents take care of their babies without worry.

The Carer’s Leave Act 2023 also shows the government’s support. It gives carers a week of unpaid leave each year. This helps with unplanned caring duties.

Protection Against Redundancy for New Parents

Another key change is better job security for new parents. The Protection from Redundancy Act 2023 protects them for 18 months after having a child. This means they can return to work without fear of losing their job.

The Conservative Party has also made changes. They’ve given pregnant employees and those returning from family leave more rights. This shows their commitment to family-friendly workplaces.

Policy Details
Parental Leave Rights Parental leave entitlements from the first day of employment
Redundancy Protections Extended redundancy protections for up to 18 months post-childbirth/adoption
Flexible Working Requests Right to request flexible working from day one with up to two requests per year
Carer’s Leave One week of unpaid carer’s leave annually
Statutory Paternity Leave Flexibility to take in two separate one-week blocks within the first year post-birth/adoption

Bereavement Leave as a Statutory Entitlement

The UK has made bereavement leave a legal right for employees. This means workers get 2 weeks off for each child who has passed away or was stillborn. They can take this leave in different ways: all at once, split into two weeks, or just one week.

This leave must start soon after the death and end within 56 weeks. It’s a time for employees to grieve and recover.

During this time, employees get a special pay of £184.03 a week or 90% of their average earnings, whichever is less. This pay is treated like regular wages, with taxes and National Insurance taken out. It’s a way to support workers during tough times.

Employers can offer more than the legal minimum for bereavement leave and pay. They can also get back some of the extra money they pay. This shows that employers care about their employees’ well-being during hard times.

It’s important to note that not all time off for bereavement is paid. But, employers might still offer support, like time off for funerals. This is part of showing care and understanding.

Workers in agriculture have special rules for bereavement pay. For more information, they can call the Acas helpline. This law helps ensure that people who lose a loved one while working are supported.

Bereavement Leave Aspect Entitlement
Leave Duration 2 weeks from the first day of employment for each child who has died or was stillborn
Pay £184.03 a week or 90% of average weekly earnings (whichever is lower)
Forms of Leave 2 weeks together, separate 2 weeks, or only one week
Leave Period Within 56 weeks of the death or stillbirth
Payment Mode Paid similar to regular wages with tax and National Insurance deductions
Reclaiming Payments 92% of the amount above statutory entitlement, or 103% under Small Employers’ Relief
Employee Rights During Leave Pay rises, holidays, and job security

Increased Sexual Harassment Protections

The UK’s new Worker Protection Act, starting in October 2024, makes big changes. It tells employers to take ‘reasonable steps’ to stop sexual harassment. This means businesses must follow strict rules to keep workplaces safe.

Proactive Duty for Employers

Employers now have to make sure their workplaces are free from harassment. The government has given them help to do this. They need to offer training, have clear ways for people to report problems, and protect everyone from outside harm.

The Financial Conduct Authority is also cracking down on sexual harassment. This shows that all industries are now taking these issues very seriously.

Implications for Business Compliance

Following these new rules is very important for businesses. They need to be open about how they handle complaints. This includes tracking and reporting any incidents.

Boards should also look at things like staff turnover and gender gaps. This helps them make sure they’re doing everything right. If they don’t, they could face big fines and lose good employees.

So, it’s vital for businesses to understand and follow these new rules. This way, they can create a safe and respectful place for everyone to work.

Expanded Pay Gap Reporting Requirements

The UK government is introducing new rules for pay gap reporting. These rules will cover ethnicity and disability, not just gender. This change will push employers to be more open about pay, promoting fairness and inclusion at work.

Ethnicity Pay Gap Reporting

Big employers with over 250 staff will have to report on pay gaps by ethnicity. The Equality (Race and Disability) Bill will make this law. They’ll need to do thorough checks to find out if pay is fair across different ethnic groups.

This will help businesses meet their inclusion goals better. They’ll have to collect and study ethnicity data carefully.

Disability Pay Gap Reporting

Disability pay gap reporting is also on the agenda. It aims to uncover pay differences for employees with disabilities. Employers will have to gather and examine data closely to spot and fix any pay gaps.

This focus on detailed reporting will encourage businesses to improve. It will help them create fairer workplaces for everyone.

Employers need to get ready for these changes. They should invest in good data systems and make sure their reports are complete and correct. By being open about pay, companies can make their workplaces better and happier for everyone.

Changes in UK Employment Law

The Labour Party has made big changes in UK employment law. They’ve introduced legal amendments to improve worker protections and keep up with new work styles. One big change is making unfair dismissal protection available from the first day of work. This change is expected to lead to more unfair dismissal claims.

The UK general election led to Labour’s win. This led to two important bills in the King’s Speech on 17 July 2024. The Employment Rights Bill and a draft Equality (Race and Disability) Bill aim to strengthen worker protections.

A new code of practice on ‘fire and rehire’ was introduced on 18 July 2024. This shows the government’s commitment to fair treatment in the workplace. Labour also wants to give employees more time to prepare their Employment Tribunal claims.

There’s a focus on zero-hours contracts, flexible working, and worker status. From 6 April 2024, workers can ask for flexible working from their first day. Employers need to update their compliance strategies to fit these changes.

The Labour Party plans to ban unpaid internships and increase wages. These moves aim to improve workers’ welfare and economic stability.

Changes are also coming to redundancy laws. Companies will have to count redundancies across all sites. This means employers need to have good compliance strategies for managing redundancies.

Labour wants to merge the “employee” and “worker” categories. This would give current workers more rights and worker protections.

Avensure shows how new tech can help with work. This UK consultancy uses Trustist to manage customer feedback. This improves customer satisfaction and trust in an ever-changinglegislative landscape.

Pay transparency is another key area. From 1 April 2024, the National Living Wage will be £11.44 per hour. There are also plans to increase statutory pay for family leave and sick pay. This aims to make workplaces fairer and address pay gaps.

The Labour Party is pushing forward with its plans. Businesses and organisations need to keep up with these legislative trends. They must adapt their compliance strategies to provide strong worker protections. This will help create a healthier and more equal work environment.

New Single Status of “Worker”

The UK’s job scene has changed a lot. More people are in flexible jobs like the gig economy and zero-hour contracts. A new Single Worker Status aims to help by giving all workers the same rights, no matter their job. It wants to make things fairer and easier to understand.

Simplification of Employment Status

Now, the UK has three main job types: “employees,” “self-employed contractors,” and “workers.” Each has its own rules and rights. The Single Worker Status plan wants to make these clearer. It hopes to make it easier for everyone to know their place in the job world.

Tax and Benefit Implications

The new status will also change how taxes and benefits work. It means all workers will get basic rights like the minimum wage and holiday pay. But, it might make things harder for employers to follow the rules. They might have to spend more on HR and payroll.

Businesses should think about getting help from experts like Avensure. They can guide them through employment law and HR. This change is meant to help workers and make the job market more just for everyone.

The Employment Rights (Flexible Working) Act 2023

The Employment Rights (Flexible Working) Act 2023 brings big changes to work in the UK. It lets employees ask for flexible work from their first day. This law makes employers respond quickly and helps create a more flexible work environment.

Key Provisions

The Act makes some key changes to improve flexible working rights:

  • Employees can now make up to two applications for flexible working to the same employer within a 12-month period.
  • The definition of “proceeding” on flexible working requests includes various defined periods until the application is concluded.
  • Employers must consult with employees before refusing a flexible working application, as per section 80G of the Employment Rights Act 1996.
  • The timeframe for employers to consider flexible working applications is reduced from three months to two months.
  • The Act applies to any employee making a flexible working application after the Act comes into force, regardless of employment start date.

Employer Obligations

The Act also puts new duties on employers. The main duties are:

  • Consultation with employees before refusing a statutory flexible working request.
  • Reduction of the decision-making period from three months to two months, promoting quicker resolutions.
  • Ensuring that employer flexibility responsibilities are in line with the new statutory request procedures.

These changes aim to make the labour market stronger and more flexible. They help support economic growth and meet the needs of both employers and employees.

The Government is now consulting on a draft Code of Practice on handling flexible working requests. This consultation started on 12 July 2023 and will last for eight weeks. It aims to improve how we handle modern work arrangements in both public and private sectors.

The pandemic and changes in work have shown the need for such laws. A survey found that 6% of employees changed jobs last year for better flexible options. Another 12% left their profession for the same reason.

With these changes, about 2.2 million more employees can ask for flexible work. This is a big step towards a more inclusive and flexible work environment. It’s part of making the UK the best place to work and grow a business.

Avensure reviews show how important it is to understand these new rules. Their polite and professional services help ensure companies follow these modern HR practices.

The Carer’s Leave Act 2023

The Carer’s Leave Act 2023 started on April 6, 2024. It changed UK employment law a lot. Now, employees can take one week off each year without pay to care for dependents.

This change shows the government’s support for workers with family duties. It helps them from the start of their job.

Carers can take leave in half or full days. This gives them the flexibility they need. Carers UK and others fought for this for a long time.

Employers can’t say no to carer’s leave requests. But, they can delay them if it really messes up the work. Employees are safe from being fired while on leave.

Now, carers can have up to five days off each year without pay. Some bosses are even giving more paid leave. Employees can also ask for flexible work or more unpaid leave.

This law makes employers change how they support their workers. It makes work places more welcoming and supportive for everyone.

FAQ

What changes have been made to unfair dismissal protections?

The Labour government has made big changes. Now, workers get protection from unfair dismissal right away. This means no more waiting two years. It’s all about making work safer and more secure from the start.

How will the new unfair dismissal regulations impact recruitment processes?

Employers might make hiring stricter. They might ask for more checks and longer trials. This is to avoid problems with unfair dismissal right away.

Will there be an increase in tribunal claims due to the new dismissal protections?

Yes, more people might go to tribunal. Employers need to be careful with how they fire people. This is to avoid expensive legal fights.

How has the right to flexible working been enhanced?

Now, workers can ask for flexible work from day one. This includes working from home or changing work hours. It helps balance work and personal life, like childcare.

What are the cost implications of introducing Statutory Sick Pay (SSP) from day one?

Employers will have to spend more money. SSP is now available from the first day of sickness. This means more people can get it, affecting business finances.

What does the removal of the SSP lower earnings limit mean for employees?

More people can get SSP, no matter how much they earn. This change helps support workers when they’re sick.

How does the ‘right to disconnect’ benefit workers?

It stops work from taking over your life outside work. Workers can disconnect and relax, reducing stress and improving work-life balance.

What challenges do employers face when implementing the ‘right to disconnect’?

It’s hard for businesses to make this work. They need to balance work needs with keeping employees happy. It’s all about creating a good work environment.

What are the new parental leave entitlements?

New parents get help from the start. They have more protection against losing their job. This makes the early days of parenthood more secure.

How does the protection against redundancy benefit new parents?

It keeps new parents safe at work. This helps them balance work and family life. It makes workplaces more family-friendly.

What is the impact of making bereavement leave a statutory entitlement?

Everyone gets time off to grieve. Employers must update their policies to support their teams during tough times.

How have sexual harassment protections been increased?

Employers must now prevent sexual harassment. This includes stopping third-party harassment. They need to have strong policies and training to keep workplaces safe.

What are the business compliance implications of the new sexual harassment laws?

Businesses must do more to stop sexual harassment. They need to train staff, have clear policies, and handle complaints well. This keeps workplaces safe for everyone.

What changes have been made to pay gap reporting requirements?

Now, employers must report pay gaps for gender, ethnicity, and disability. This shows their commitment to fairness and equality.

How will the changes in UK employment law affect worker protections?

Worker protections have improved a lot. This includes better rights for unfair dismissal, flexible work, and sick pay. Businesses must stay up to date to avoid legal trouble.

What is the new single worker status?

There’s now just one status for workers. This makes things simpler for tax and benefits. It affects how businesses handle National Insurance Contributions and employment policies.

What are the tax and benefit implications of the new worker status?

The new status changes how businesses handle taxes and benefits. They need to update their systems to comply. This affects National Insurance Contributions and other benefits for workers.

What does the Employment Rights (Flexible Working) Act 2023 stipulate?

The Act lets workers ask for flexible work from day one. Employers must seriously consider these requests and respond quickly. It’s about creating a modern, flexible work environment.

What are the employer obligations under the new Flexible Working Act?

Employers must think carefully about flexible work requests. They need to explain clearly if they say no. This means making flexibility a key part of work contracts.

How does the Carer’s Leave Act 2023 support employees?

The Act gives unpaid leave for caring from day one. Workers can take up to a week off each year. It helps those with caregiving duties, making workplaces more supportive.

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