Staying abreast of employment law changes is critical for any business, and with significant updates on the horizon.
We have recorded a webinar about the forthcoming legislative amendments impacting holiday pay for casual workers, paternity leave adjustments, and more.
Whether you’re a seasoned HR professional or a business owner navigating the complexities of employment law, this webinar is designed to provide clarity and actionable guidance.
Understanding the Legislative Landscape
As March unfolds, we’re seeing the draft Paternity Leave (Amendment) Regulations 2024 come into effect. These regulations will bring in a new approach to statutory paternity leave, altering the traditional requirements around notice, evidence, and the timeframe for taking leave. Crucially, paternity leave will need to be taken in one continuous period—a change that requires both understanding and preparation.
April also brings employment rights into the spotlight. From the very first day of employment, flexible working will become a right, unpaid carer’s leave will be introduced, and redundancy protection will be extended to cover those who are pregnant or on family-friendly leave.
Don’t forget the holiday pay updates including rolled up holiday pay, defining and calculating leave entitlement for irregular hours workers and part year workers.
Flexible Working for All
The Flexible Working (Amendment) Regulations 2024 are set to revolutionise the workplace by making flexible working a right from day one. This significant step removes the previous 26-week service requirement, allowing employees to request flexible working arrangements from the outset of their employment. The Employment Relations (Flexible Working) Act 2023 further refines this right, enabling employees to make two requests per year and reducing the employer’s decision-making time.
Carer’s Leave: A New Entitlement
The introduction of the Carer’s Leave Act 2023 paves the way for a new entitlement: one week’s unpaid leave per year for employees who provide or arrange care. This entitlement, available from day one of employment, is a testament to the growing recognition of the importance of work-life balance and the support required for those caring for loved ones.
Enhanced Redundancy Protection
The Protection from Redundancy (Pregnancy and Family Leave) Act 2023 extends the umbrella of redundancy protection. This includes the period during pregnancy and up to 18 months after the first day of the estimated week of childbirth (EWC) or exact date of childbirth if the employee informs the employer of this prior to the end of maternity leave. For adoption the protection is 18 months from the date of the placement and for shared parental leave it is 18 months from the birth, offering a more robust safety net for new parents.
Understanding Rolled Up Holiday Pay
Developments are on the horizon as rolled up holiday pay is set to become lawful again, specifically for those working irregular hours and part-year roles, such as zero-hour contract workers. The calculation for this pay will now be based directly on the total earnings during the pay period and can be paid out in each pay period provided it is shown as holiday pay on the payslip. This change can be made in the new holiday year following 1st April 2024, so for many employers 1st January 2025.
Decoding Holiday Pay Calculations
The method for determining how much annual leave an irregular hours or part-year worker receives is shifting towards an accrual system. This ensures that leave entitlement is directly proportional to the hours worked within the year. Leave will accumulate at a rate of 12.07% of the hours worked during each pay period, irrespective of whether the pay is distributed monthly, weekly, or daily. This change is a direct response to the Harpur Trust v Brazel decision and redefines leave calculation. This change can be made in the new holiday year following 1st April 2024, so for many employers 1st January 2025.
Clear Definitions for Modern Work Patterns
The terms “irregular hours worker” and “part-year worker” will now be clearly defined within the legal framework. This clarity ensures that agency workers, whose hours fall under these definitions, will also benefit from these new rules for calculating annual leave entitlement. This move represents a significant step in recognising and adapting to the evolving patterns of modern employment.
By attending our insightful webinar, you’ll gain a comprehensive understanding of these changes and learn how to seamlessly integrate them into your business practices.
Should you have any questions or require further details, please don’t hesitate to contact us.
Holly Mapstone is an HR expert and specialises in helping those of you in the SME sector with all of your HR needs.
Consultancy allows Holly to be agile and to adapt her style and support to suit the needs of her clients. Building strong working relationships allows Holly to deliver improvements, while also aligning people strategy to business outcomes and promoting resilient and positive cultures.
Need Advice?
If you need a hand with any of this, or anything else when it comes to the people and practices in your business, we’d love to help. We are always happy to debate the pros/cons, dos/don’ts with you so please do talk to us if we can help in any way, we are here to support you. Just give us a call and arrange a free consultation. You can talk to Alison directly on 07967 221595 or email info@enlightenhr.com
