18/12/2024
2024 has certainly been a busy year for employment law developments, particularly in light of the publication of the Employment Rights Bill in October 2024.
We reported on the key proposals from the Employment Rights Bill in October’s edition of Employment Eye.
In this article, however, we take a look back at some of the other key legislative developments from 2024.
8 March - Paternity Leave
The Paternity Leave (Amendment) Regulations 2024 made changes to the way in which the statutory entitlement to paternity leave is exercised for those where the child’s expected week of birth or adoption is on or after 6 April as follows:
- Fathers and partners can take their leave (and pay) as two non-consecutive blocks of one week, rather than only in one block of either one or two weeks.
- Fathers and partners can take their leave (and pay) at any point in the first year after the birth or adoption of their child, rather than only within the first eight weeks after adoption or birth.
- In most cases, the notice period required for each period of leave (and pay) is shortened. Employees are required to give 28 days' notice prior to each period of leave, which hopefully enables them accommodate the changing needs of their families. A father or partner who has given an initial notice of leave can also vary any dates given if they give 28 days' notice of the variation. However, for domestic adoption cases, the notice period for leave remains within seven days of the adopter having received notice of having been matched with a child, since the domestic adoption process is inherently less predictable.
6 April - Flexible working
Employment Relations (Flexible Working) Act 2023 introduced changes to the right to request flexible working so that:
- Employees no longer have to explain what effect their requested change may have on the employer and how any such effect might be dealt with.
- Employees are entitled to make two requests (instead of one) in any 12-month period.
- Employers cannot refuse a request unless the employee has been consulted.
- Employers will have to make a decision in two months (reduced from three months), subject to agreeing a longer decision period.
The Flexible Working (Amendment) Regulations 2023, which came into force on the same date, changed the right to request flexible working to a “day one” right (whereas previously 26 weeks’ continuous service was required).
6 April - Carer’s Leave
Under the Carer’s Leave Act 2023 and the Carer’s Leave Regulations 2024 a new entitlement of one week's unpaid leave per year for employees who are providing or arranging care for a dependant with a long-term care need was introduced.
The right is to one week's unpaid carer's leave in each rolling 12-month period for employees who have a dependant with a long-term care need in England, Wales and Scotland. The leave may be taken in either individual days or half days, up to a block of one week. The required notice period (which does not need to be in writing) is either twice as many days as the period of leave required, or three days, whichever is the greater.
It’s worth noting that the notice requirement can be waived if certain requirements of the regulations have been met. An employer cannot require evidence before granting the leave. As with other types of statutory leave, the Regulations also include provisions for protections from detriment and dismissal relating to carer’s leave.
18 July - Code of Practice on Dismissal and Re-engagement
The government published the statutory Code of Practice on Dismissal and Re-engagement (Code). The Code aims to provide practical guidance to employers, employees and trade unions, to help minimise and resolve conflict around dismissal and re-engagement.
The Trade Union and Labour Relations (Consolidation) Act 1992 (Amendment of Schedule A2) Order 2024 was made on 2 December and is due to come into force on 20 January 2025. This Order will give employment tribunals the power to uplift or reduce compensation for failure to follow the Code.
The Code was initiated under the Conservative government, but the Employment Rights Bill proposes to restrict fire and re-hire practices and strengthen employee protections in this area.
26 October - Duty to prevent sexual harassment in the workplace
The Worker Protection (Amendment of Equality Act 2010) Act 2023 introduces a new positive duty on employers to take ‘reasonable steps’ to prevent sexual harassment of their employees in the workplace. This duty applies to all workplaces, including those with remote and hybrid models.
If a claim for sexual harassment succeeds, employment tribunals now have the power to uplift discrimination compensation by up to 25% where an employer is found to have breached the new duty to prevent sexual harassment. In addition to the uplift, the Equality and Human Rights Commission (EHRC) also have the power to enforce, which may include investigations, issuing unlawful act notices and unlimited fines. As well as the Acas guidance, the EHRC updated its guidance in September, which is aimed at helping employers meet their obligations under this new duty, and although it was not specifically mentioned in the final version of the legislation, the guidance also refers to preventing harassment by third parties.
…And what didn’t happen?
The Workers (Predictable Terms and Conditions) Act 2023 received Royal Assent on 18 September 2023 and was expected to come into force in September 2024. The Act would have given workers and agency workers the right to request more predictable terms and conditions of work where there was a lack of predictability to their work pattern. Claims would have been possible based on procedural failings by the employer, unlawful detriment and automatic unfair dismissal. The government has "no plans" to introduce the Act and the Employment Rights Bill, if passed, will repeal the Act.
So, in summary, there were lots of changes which took effect in 2024. However, it’s fair to note that 2025 promises to be an even busier year where we are likely to see various fundamental changes to the UK employment law landscape. Keep a look out for our next article, which will look ahead to relevant anticipated changes and/or consultations in 2025.
