Upcoming Employment Law Changes and What Employers Need to Know

At Jenkins Recruitment, staying informed on the latest developments in employment law is essential to supporting our clients and candidates. Recently, we attended some employment law updates to ensure we're up-to-date with changes impacting the workplace. In this blog post, we’re sharing key insights from these sessions, covering the recent and upcoming changes, and practical guidance and suggested key action points. Whether you're an employer looking to stay compliant or a candidate curious about your rights, we hope these updates provide valuable information.

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Recent and Immediate Employment Law Changes

Employment Relations (Flexible Working) Act 2023

From April 6, 2024, employees can submit two flexible working requests annually (up from one), and employers must respond within two months. Consultation with employees before denying requests is now mandatory, and flexible working becomes a Day 1 right for all employees.

Updates to Working Time Regulations 1998

For workers with irregular or part-year hours, holiday will accrue in hours, calculated at 12.07% of actual hours worked, effective from April 1, 2024. Employers can pay holiday entitlement when taken or as “rolled-up” holiday pay.

Code of Practice on ‘Fire and Rehire’

Under the new guidelines, employers are now required to inform ACAS before beginning consultations with staff. Best practices include providing clear written information about proposed changes, phasing in adjustments, consulting for as long as reasonably feasible, and exploring all possible alternatives before finalising any dismissals.

Amendments to Paternity, Carers, Maternity, Adoption, and Shared Parental Leave

• Paternity Leave (Amendment) Regulations 2024 Effective from 1st April 2024, leave may be taken in two one-week blocks anytime within a year after birth, with only 28 days' notice required.

• Carer’s Leave Regulations 2024: Employees are entitled to one week of unpaid leave annually for caregiving, which can be taken flexibly as consecutive or non-consecutive days/half days.  Employees must give a minimum of 3 days notice but ideally twice as long as the leave requested.

• Maternity Leave, Adoption Leave and Shared Parental Leave (Amendment) Regulations 2024 The protected period for maternity/adoption leave is now extended and lasts from the moment employer is informed of pregnancy until 18 months post-birth/adoption, with added rights to suitable alternative roles in redundancy situations.

Workplace Sexual Harassment Law Revisions

Worker Protection (Amendment of Equality Act 2010) Act 2023

Effective October 26, 2024, employers will be legally required to take proactive steps to prevent sexual harassment in the workplace. This extends beyond direct employee interactions to third parties (clients, customers, etc.). Employers who fail to take these preventative steps may face compensation increases of up to 25% if a claim succeeds.

Here's a summary of the key points regarding employers' responsibilities to prevent workplace harassment:

• Employers are responsible for preventing harassment among their employees.

• Both employers and individual employees can be held liable for harassment that occurs during the course of employment, regardless of whether the employer was aware of the act.

• This duty to prevent harassment extends beyond the physical workplace.

• Employers may defend themselves against liability if they can demonstrate that they took "all reasonable steps" to prevent harassment.

• What constitutes "reasonable steps" can vary based on factors such as the size of the employer, the nature of the workplace, and the specific risks present.

A breach of the new duty occurs when a Tribunal upholds a claim for sexual harassment and orders the employer to pay compensation.  The Tribunal will evaluate the extent to which the employer failed to take reasonable steps to prevent sexual harassment and if found negligent, the Tribunal may impose a "compensation uplift" of up to 25% on the awarded compensation.  The Equality and Human Rights Commission (EHRC) will have the authority to enforce this new duty.

Actions points employers are encouraged to take notice of:

Risk Assessments

• Anticipate potential scenarios and risks of sexual harassment in the workplace.

• Conduct staff surveys to assess the extent of the problem.

• Review past incidents and complaints.

• Implement reasonable steps identified to reduce risks.

Policies

• Keep anti-harassment policies updated and regularly reviewed.

• Clearly define expected standards of behavior.

• Ensure policies are communicated effectively to all staff.

Complaints Reporting

• Encourage employees to report instances of sexual harassment.

• Establish effective reporting mechanisms.

• Address complaints promptly and efficiently.

Training

• Provide mandatory training for all staff.

• Offer additional training for managers on handling complaints and addressing harassment.

• Conduct regular refresher training sessions.

Culture

• Foster a zero-tolerance approach to harassment.

• Go beyond legal compliance to create a respectful, inclusive workplace.

• Build a positive work culture that enhances the company's reputation.

Long-term Employment Law Reforms: The Employment Rights Bill

"This is a comprehensive bill which, once implemented, will represent the biggest upgrade in employment rights for a generation. It will raise the minimum floor of employment rights, giving the British public the prosperity, security and dignity that everyone in Britain needs and deserves at work.   

The bill will support the government’s mission to increase productivity and create the right conditions for long-term sustainable, inclusive, and secure economic growth. It will help raise living standards across the country and provide better support for those businesses who are engaged in good practices.” [UK Government]

Key proposals include:

• Job Security: Protections against exploitative zero-hours contracts, and safeguards to prevent unfair ‘fire and rehire’ practices.

• Family-Friendly Rights: Access to paternity leave from Day 1, bereavement leave, and new protections for pregnant workers and recent mothers.

• Worker Wellbeing & Equality: Employer obligations to prevent workplace harassment and enhanced gender pay gap reporting.

• Fair Pay: Improved access to Statutory Sick Pay, fair tipping practices, and sector-specific agreements on wages.

• Union Rights and Enforcement: Modernised trade union laws and a new Fair Work Agency to enforce rights.

The consultation will run into 2025, with reforms anticipated by 2026, allowing businesses time to adapt. This bill aims to boost fairness and security across UK workplaces.

This summary provides an overview of the key points, however, employers are encouraged to conduct further research to fully understand these changes and their implications. We hope this highlights some of the most impactful updates, providing a useful foundation for more in-depth exploration.