Julian Taylor

The Government has now published the Paternity Leave (Amendment) Regulations 2024. The Regulations apply in all cases where the estimated week of childbirth (EWC) is on or after 6 April 2024

Key changes of the Paternity Leave rule changes

• Employees will be able to take their two-week paternity leave entitlement as two separate blocks of one week
• Employees will be able to take paternity leave at any time in the 52 weeks after birth
• Employees will only need to give 28 days’ notice of their intention to take paternity leave

Suggested action for Employers:

• Relevant policies will need amending to reflect these changes and managers should be made aware so that absences on paternity leave can be planned and effectively managed.

If you’re a business that needs support navigating the new Paternity Leave rules don’t hesitate to reach out.

With effect from 6 April 2024 all employees, regardless of their length of service, will have the right to request flexible working.

Key changes to Flexible Working

• A Day 1 right for all employees (for applications made on or after 6 April 2024)

The Government published wider changes to flexible working last autumn. Government guidance states it is ‘expected’ that these additional changes will come into effect at the same time that flexible working becomes a Day 1 right (i.e. for applications on or after 6 April 2024).  

The wider changes are as follows:

• Removing the requirement for employees, in their written request, to set out what effect the proposed flexibility would have on the employer’s business and how any effect could be dealt with.
• Increasing the number of flexible working requests which can be made in any 12- month period from one to two.
• Requests must be consulted on and decisions made within 2 months. As before, it will remain possible, by agreement with the employee, to extend this time period.

Suggested action for Employers

• Have two revised flexible working policies ready to go on 6 April: one which merely removes the requirement for 26 weeks’ service, the other which removes this provision but also incorporates the other changes listed above.

If you’re a business that needs support navigating the new changes to Flexible Working in 2024 don’t hesitate to reach out.

New rates of National Living Wage (NLW) and National Minimum Wage (NMW) come into force from 1 April 2024.

Key features of the Minimum Wage and Living Wage

• National Living Wage (21 and over): £11.44 per hour
• 18-20 rate: £8.60 per hour
• 16-17 rate: £6.40 per hour
• Apprentice rate: £6.40 per hour
• Accommodation offset: £9.99 per day

From 6 April extra protection in the context of redundancy to those on Maternity, Paternity or Shared Adoption leave is being extended. They have the right of first refusal for any suitable alternative roles in a redundancy situation.

Key facts around Redundancy Protection

• Pregnancy: 
  Currently: No protection. 
  Changes: Protected from the date the employee informs the employer of her pregnancy for the full period of pregnancy. Effective where the employer is informed of the pregnancy on or after 6 April 2024.
• Maternity Leave: 
  Currently: Protected during the period of absence on maternity leave only. 
  Changes: Protected for 18 months from the first day of the estimated week of childbirth (EWC). The 18-month period can be altered to start from the child’s actual date of birth where the employee informs the employer in writing of the actual date during their maternity leave period. Effective where the maternity leave ends on or after 6 April 2024.
• Adoption Leave: 
  Currently: Protected during the period of absence on adoption leave only. 
  Changes: Protected for the period of 18 months from the date of placement for adoption. Effective where the adoption leave ends on or after 6 April 2024.
• Shared parental leave: 
  Currently: Protected during the period of absence on shared parental leave only. 
  Changes: Protected for 18 months from birth/placement for adoption provided that the employee has taken a period of at least six continuous weeks of shared parental leave. This protection will not apply if the employee otherwise has protection under either the maternity or adoption provisions above. Protected during period of absence on shared parental leave only (as now) if fewer than 6 consecutive weeks of leave are taken. Effective from where the period of six continuous weeks of shared parental leave starts on or after 6 April 2024.
• Miscarriage: 
  Currently: No protection if the employee suffers a miscarriage any time before the end of 24 weeks of pregnancy. If they miscarry after 24 weeks they are entitled to current maternity leave protection. 
  Changes: Where an employee suffers a miscarriage before the end of 24 weeks of pregnancy, they will have protection during their pregnancy and for a two-week period following miscarriage. If they miscarry after 24 weeks of pregnancy this is classed as a still birth, they are entitled to maternity leave and will have the same protection as any other employee taking maternity leave.

Suggested action for Employers

• If you have a redundancy policy and it already refers to redundancy protection, update it to reflect the extension of protection.
• Make sure employees who have taken leave do not get forgotten in a redundancy scenario (which is possible given the lengthy period 18-month period of protection). Consider placing flags on employee records against those who have taken leave setting out their period of extended protection.
• Inform managers of the extension of this special status so that it can be factored into redundancy proposals at a formative stage

If you’re a business that needs support navigating the new Redundancy Protection changes don’t hesitate to reach out.

The Government has created an entirely new system of holiday accrual and holiday pay for part-year and irregular hour workers as defined in the new regulations.

Key Features for the Annual Leave & Holiday Pay regulations

• The new rights will be set out in Regulation 15B to 15F of the Working Time Regulations 1998.
• Taking effect for holiday years commencing on or after 1 April 2024 so for employers with a holiday year running from January this will not take practical effect until 2025.
• A new holiday accrual method under regulation 15B, https://www.legislation.gov.uk/uksi/1998/1833/regulation/15B  whereby holiday accrues based on 12.07% of the hours worked by the worker in the previous pay period.
• An option under regulation 16A https://www.legislation.gov.uk/uksi/1998/1833/regulation/16A for employers to use ‘rolled up’ holiday pay (provided that certain conditions are met). This is where holiday pay for regulation 15B holiday can be paid as an additional percentage of pay at the time when the hours worked are paid for, rather than being paid when the annual leave is taken.

Suggested Actions for Employers

• Work out if you currently engage any part-year or irregular hours workers
• Decide whether you wish to pay rolled-up holiday pay to any such individuals
• Undertake all necessary discussions with payroll functions to make sure that your workplace arrangements are ready to administer this new system of accrual and pay
• Review any holiday policy in place and make all necessary changes to take account of the new arrangements
• Consider whether you need to issue revised terms and conditions of employment to reflect these changes.

The Carer’s Leave Regulations 2024 come into force on 6 April 2024. 

Key Features of Carer’s Leave

• The right is a Day 1 employment right.
• The right applies to employees who have a dependant with a long-term care need and want to be absent from work to provide or arrange care for that dependant.
• Requests can be in consecutive or non-consecutive half-days or full days
• Employees must give notice in writing of their intention to take carer’s leave.
• Employers can postpone a request if the operation of the business would be unduly disrupted.
• Employees are protected from detriment and dismissal because they take or seek to take carer’s leave or the employer believes they are likely to do so.

Suggested Action for Employers:

• Consider creating a new policy or add a reference to carer’s leave in any existing policy dealing with other family/dependant leave.

You can read the new regulations on Carer’s Leave here.

If you’re a business that needs support navigating the new Carer’s Leave Regulations don’t hesitate to reach out.

The Federation of Small Businesses (FSB) and the TUC have jointly called on the government to make the Statutory Sick Pay Rebate Scheme permanent.

With the aim of making sick pay more widely available and supporting small employers (with fewer than 250 employees) with the costs of this they have asked that the rebate scheme be made permanent. 

They have also asked that it be extended to cover all sickness not solely Covid related.

The present rebate scheme was re-introduced for small employers to assist with the costs of Covid related absences in January 2022 for a limited duration until 24 March 2022.

Agency Workers have the right to be notified of vacancies but not the right to apply or be considered for them the Court of Appeal decided last week in the case of Kocur v Angard Staffing Solutions Ltd and another. 

The Court considered the meaning of regulation 13 of the Agency Workers Regulations 2010, the right to be notified of vacant posts and decided a narrow construction was appropriate giving the temporary agency worker a right to be notified of vacant posts with the hirer but not the extended right to apply for and/or to be considered for the vacancy. 

Please note however this still means that any organisation hiring temps is under a regulatory duty to notify them of vacancies within the organisation, which does not always happen.

To avoid litigation set up a system to let temps know about vacancies.

If you or your company would like to discuss any issues discussed in this article, or feel your business may be impacted by this, reach out to the Employment and HR specialists at Julian Taylor HR – click here to get in touch with a member of the team.

For those of you who did not see the announcement yesterday the government announced a tightening of restrictions in reaction to the new increased infection rates.

Working from Home

For employers the key change to note is that from Monday 13 December, those who can are advised to work from home. We know a number of you have been working to at least a partial return to the office and you will need to consider this in light of this change.  Full details have not as yet been published. See  https://www.gov.uk/government/news/prime-minister-confirms-move-to-plan-b-in-england

Will it affect our Christmas Party?

It is recommended that everyone should test using a lateral flow device, particularly before entering a high-risk setting involving people they would not normally come into contact with. From today, Friday 10 December, face coverings will become compulsory in most public indoor venues, such as cinemas, theatres and places of worship. There will be exemptions in venues where it is not practical to wear one, such as when you are eating, drinking or exercising.  Face masks will not be required in hospitality settings.

From Wednesday 15 December, and subject to parliamentary approval, a NHS Covid Pass on the NHS App will become mandatory for entry into nightclubs similar settings where large crowds gather (including unseated indoor events with 500 or more attendees, unseated outdoor events with 4,000 or more attendees and any event with 10,000 or more attendees).

People will be able to demonstrate proof of two vaccine doses via the app or proof of a negative lateral flow test will also be accepted.

Please note Public Health Scotland have asked employers to consider cancelling parties.

https://www.legislation.gov.uk/uksi/2021/618/made/data.pdf