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Changes to Employment Law | with effect from 6 April 2024

Back in January, in our ‘A busy year for employment law – what you need to know’ article, we highlighted some of the changes that were expected in Employment Law for 2024.

Now, four months on, some of those changes have been introduced with effect from 6 April 2024 and here is what you need to know:

Changes to flexible working | Employment Rights (Flexible Working) Act 2023:

An employee is now entitled to make a flexible working request from their first day of employment.

Further, as an employee, you can now make two rather than just one flexible working request per year and as an employer, the deadline to respond to the request has been reduced from three months to two months.

Employees no longer need to explain the impact on the business of their request, but employers will have to explain the reason a request is denied.

The reasons a flexible working request can be denied remain the same.  For example, the cost to the business or the impact on quality and performance or the businesses’ ability to meet customer demand.

Carer’s Leave | Carer’s Leave Act 2023:

As part of the Carer’s Leave Regulations 2024, an employee is now entitled to take one week a year of unpaid leave to give or arrange care for a dependent who has:

  • a physical or mental illness or injury, meaning they are expected to need care for more than 3 months.
  • a disability (as defined in the Equality Act 2010).
  • care needs because of their old age.

A dependent does not have to be a family member but anyone who relies on the employee for care.

Carers leave is available to an employee from the first day of employment.

Increased protection against redundancy for pregnant employees | Protection from Redundancy (Pregnancy and Family Leave) Act 2023 and Maternity Leave, Adoption leave and Shared Paternal Leave (amendment) Regulations 2024:

Employees who are pregnant but have not yet gone on maternity leave, as well as those who have recently returned to work from maternity leave, adoption leave and employees who have taken at least six weeks of shared parental leave, will now have the right to be offered any suitable alternative vacancies in a redundancy situation.

Those Employees who are entitled to extended redundancy protection, will have the right to be offered a suitable alternative post (if there is one) if their role is at risk of redundancy from when they notify their employer of their pregnancy and for 18 months from the expected week of childbirth.

More Flexibility for paternity leave (Paternity Leave (amendment) Regulations 2024:

Employees who will be taking statutory paternity leave can now choose to take their two weeks together or in two separate one week blocks and this can be taken at any time during the first year after the child’s birth.

It is important that you give your Employer 28 days’ notice if you want to change the start date of your paternity leave.

You do not have to give an exact date as to when you wish to take paternity leave and instead you can give a general time, for example, the day of the birth or one week after the birth.

If you are an employee or an employer who needs further information with regards to the recent changes to Employment Law, contact our friendly employment team today on 01926 491181 or email: LisaA@moore-tibbits.co.uk.

Lisa Aitken | Head of Employment Law 

 

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