In the first of our columns covering topical legal issues, David Gibson, who heads up the employment team at Burnetts, is sharing his advice on the up-coming changes in employment law which will affect all businesses in 2024.
As part of the Government’s response to the Taylor Review of Modern Working Practices in 2017 and adapting to the ever-changing employment relationship and trends, new legislation is set to be introduced this year.
These are some of the changes that will take place – and it’s important that businesses and organisations are fully prepared.
Duty to Prevent Sexual Harassment
The Worker Protection (Amendment of Equality Act 2010) Bill has received Royal Assent and is expected to come into force in October 2024.
What does this mean?
This Act will introduce an active duty on employers to take reasonable steps to prevent sexual harassment in the workplace. This a step down from third party liability or the duty to take ALL reasonable steps but nevertheless it requires employers to take measures to protect employees in the workplace from sexual harassment.
This bill was introduced due to the increased number of people suffering sexual harassment at work and ministers have described this duty as “the beginning of a much-needed culture change.”
Therefore, employers can no longer take a backseat and wait until sexual harassment has occurred to instigate disciplinary action, they need to take proactive and preventative action.
If an organisation is found to have breached this duty, the Employment Tribunal will have the power to award a 25% uplift on any compensation awarded to the Claimant for sexual harassment. In addition, the Equality and Human Rights Commission can become involved and enforce this upon employers.
Enhanced Flexibility
Back in July 2023, The Employment Relations (Flexible Working) Act 2023 received Royal Assent. Expected to come into force on 6 April 2024, this allows employees greater opportunities to make a flexible working request, including:
1. The obligation on employers to consult with the employee first before rejecting a request;
2. Ability to make two flexible working requests in any 12-month period;
3. Requiring employers to respond to the request with a decision within 2 months as opposed to 3 months.
4. Scrapping the requirement to set out a “business case” and the “effect” on the business in requesting the change.
Making it a “day-one right,” meaning that employees no longer need to have 26 continuous weeks’ service before making a flexible working request.
With many employees benefitting and enjoying the balance of hybrid working, it is likely there will be an influx in flexible working requests for those who are not currently afforded those benefits.
Do you have an updated flexible working in policy in place to ensure you deal with all requests fairly?
Requesting a Predictable Working Pattern
The Workers (Predictable Terms and Conditions) Act 2023 received Royal Assent on 18 September 2023, expected to come into force in September 2024. This Act gives workers and agency workers on atypical contracts, including zero-hour contracts and agency workers, the right to request a predictable working pattern.
This came about in an attempt to address the power imbalance employers have on employees engaged under these contractual relationships where there is often “one-sided flexibility.”
Family Friendly Leave
All of the following legislation has recently received Royal Assent, coming into force in 2024/2025:
Neonatal Care (Leave and Pay) Act 2023 – paid neonatal care leave for up to 12 weeks.
Carer’s Leave Act 2023 – day one right to unpaid leave to care for a dependent.
The Protection from Redundancy (Pregnancy and Family Leave) Act 2023 – greater protections from redundancy following a period of pregnancy, adoption or shared parental leave.
How can you prepare for these changes?
Ensure you have appropriate policies and procedures in place and that staff are aware of these. Where a request or an issue arises in relation to any of the above, make sure you deal with it fairly, promptly and consult legal advice if necessary. Each situation will, of course, be fact specific but this does not preclude the worker/ employee the right from being treated fairly and equally. You should ensure that any decisions or actions made are well documented and that you have justifiable reasons for the action you took.
Our team have an engaging and well-established training unit which can help educate and prepare your workforce for these impending changes.
If you would like to discuss any of these upcoming changes, or employment law matters more generally, contact David who will be happy to help www.burnetts.co.uk/ team/david-gibson