Key Employment Law changes to be aware of this April

Several new employment laws come into force from April 2024. Firms should be aware of any changes to their obligations to employees and ensure that policies and processes are revised to avoid falling foul of the new rules. Let’s look at the key legislative changes set to take effect this year.

Increase in the National Living Wage and National Minimum Wage

From 1 April 2024, the National Living Wage applies to workers aged 21 years and over and is set at £11.44 an hour.

The National Minimum Wage applies to those of at least school leaving age. For those under 18, the rate is now set at £6.40 an hour, with those aged 18 years to 20 years, it is set at £8.60 an hour.

The Apprentice rate is now £6.40 if they are aged under 19 years, or they are aged 19 or over and in the first year of their apprenticeship. Apprentices are entitled for their age if they are aged 19 years or over and have completed the first year of their apprenticeship.

Employment Relations (Flexible Working) Act 2023

This Act has amended the Employment Rights Act 1996 to allow employees (from 6 April 2024) to request flexible working up to twice in a year (as opposed to once). This includes requests for part-time, term-time, flexitime, compressed hours, and ranging working locations.

The Act places the onus on employers to consult with employees about their request and to explain their reasoning if they reject a request. Employers will also be obliged to respond to requests within two months, as opposed to three months previously.

Flexible Working (Amendment) Regulations 2023

Under the new regulations, from 6 April 2024, employees can request flexible working arrangements from their first day of employment (rather than after 26 weeks as is currently).

Carer’s Leave Act 2023

The Carer’s Leave Act requires that from the first day of their employment, employees are entitled to up to one week’s unpaid leave each year to provide or arrange care for dependants with long-term care needs.

This Act applies to anyone caring for a spouse, civil partner, child, parent, or other dependant who needs care because of a disability, old age, illness, or injury which is likely to require at least three months’ care. Leave can be taken in single or half days and requires a notice of three days or double the length of leave requested, whichever is longer. Note that employers can’t refuse leave, or request proof of why leave is needed.

Whilst employers can’t deny a request for carer’s leave, they can postpone it if they reasonably consider that the operation of the business would be unduly disrupted if it were approved. In this case, leave would have to be granted within a month of the date it was requested and a counter notice should be served which sets out reasons for postponement and the new date leave can be taken.

Protection from Redundancy (Pregnancy and Family Leave) Act 2023

Currently, employees on maternity, adoption and share parental leave must be prioritised over other employees in being offered alternative roles if they are being made redundant. This protection will be extended from 6 April so that:

• Pregnant employees will be protected from the date they notify their employer of their pregnancy until 18 months after the birth.
• Employees who have taken adoption leave will be protected for 18 months from the date of placement.
• Employees taking less than six weeks’ shared parental leave will have the protection during their period of leave. Employees taking more than six continuous weeks of shared parental leave will be protected for 18 months after the birth.

The Paternity Leave Amendment Regulations 2024

Several changes will came into effect from 8 March and apply to employees where the expected week of childbirth or placement for adoption begins on or after 6 April 2024:

• Employees can choose to take either a one or two-week single period of leave, or two non-consecutive periods of one week of leave at any point in the first year after the birth or adoption of their child.
• Under amended legislation, the notice period required for each period of leave has been shortened to 28 days, (or four weeks), instead of 15 weeks before the expected week of childbirth.