by Emma | Feb 1, 2024 | Newsletter
If you are looking to make redundancies, you need to be aware of the new legislation coming into force on the 6th April 2024. The Protection from Redundancy (Pregnancy and Family Leave) Act 2023 expands the current laws protecting pregnant employees or those on, or returning from, maternity/adoption/shared parental leave facing redundancy.
Currently, employees on maternity/adoption/shared parental leave have enhanced protections in redundancy situations, including the right to be offered a suitable alternative vacancy over other employees at risk, if one is available.
The Act expands this protection to include pregnant employees, from the moment they notify their employer of their pregnancy, through to 18 months after childbirth
Another act coming into force on the 6th April 2024 is The Carers’ Leave Act 2023. This Act will grant a new entitlement of one week unpaid leave annually for employees who care for dependants with long term needs. This right to leave will be available to all employees from day one of employment. “Long term needs” is defined as:
- Anyone with a condition that meets the definition of disability under the Equality Act 2010;
- Illness or injury (physical or mental) that requires or is likely to require care for more than three months, or;
- Old age
Changes to Flexible working also come into force on the 6th April 2024. Employees will have the right to request flexible working from day one of employment (rather than after 26 weeks which is the position currently).
Employees will also be able to make two requests in any 12-month period, up from one. Employees will no longer have to explain the effect of the change requested, as they do currently, and employers will have to make a decision on a request within two months (rather than three)
As it’s Valentines Day this month, I thought it would be worth discussing work place romance!
Apparently workplace romance is on the rise and this is no surprise as it’s the main way we meet someone new. How many people have you met through work that has turned into a romantic relationship? I am sure we all have, I certainly have.
As an employer how do you manage this though?
You cannot ban relationships and stick your head in the sand about them. Having a policy in place to deal with relationships is the best way to tackle potential issues, having open communication is key to safeguard your business.
Please contact me if you would like to put a policy in place.
by Emma | Jan 21, 2024 | Newsletter
– Employers will have to keep “adequate” records to demonstrate compliance with their obligations under the WTR in relation to the 48-hour week, 8-hour limit on night work etc. The regulations make it clear that there is no need to record a worker’s daily working hours if the employer is able to demonstrate compliance without doing so.
– The introduction of rolled-up holiday pay.
– Leave for part year and irregular hours workers will, from 1 January 2024, accrue at the rate of 12.07% of hours worked and will be paid at the rate of 12.07% of pay in a pay period.
Where the amount of annual leave that has accrued includes a fraction of an hour, the fraction is to be treated as zero if it’s less than 30 minutes and one hour if it’s 30 minutes or more.
A 52-week reference period is to be used for calculating accrual of annual leave.
– The elements of remuneration that should be included in calculations of a week’s pay for holiday pay purposes will remain the same so employers can continue with their current payroll systems.
– There will be a right to carry over annual leave in situations including sickness, a failure to recognise employment status, failing to afford the right to paid annual leave, and as a result of being unable to exercise the right as a result of statutory leave.
– 31 March 2024 is the backstop for the carry over of leave under the Covid 19 provisions.
and
– Small businesses (with fewer than 50 employees) will be able to inform and consult directly with employees in respect of TUPE, and this flexibility will be extended to all businesses where a small transfer of fewer than 10 employees is proposed.
by Emma | Jan 21, 2024 | Newsletter
You may have caught the news in December about Deliveroo’s trade union decision. If not here’s the update:
The Independent Workers Union of Great Britain’s decision that the reference to the right of “everyone…to form and to join trade unions” is limited to those who have an “employment relationship” with their employer.
Therefore, Deliveroo’s riders were not covered by the right to form and join a trade union because there was no employment relationship between them.
by Emma | Jan 21, 2024 | Newsletter
An employment tribunal has held in a preliminary hearing that the claimant was a disabled person within the meaning of the Equality Act 2010. The claimant argued that her work-related stress amounted to a disability.
The judge concluded that there was no requirement for there to be a formal diagnosis of a mental illness in order for the Tribunal to be satisfied that there is a mental impairment causing a substantial adverse effect on a claimant’s ability to do day to day activities.
Employers be aware – employees may be more likely to allege that their work-related stress is a disability without any formal diagnosis of mental illness.
by Emma | Jan 21, 2024 | Newsletter
Possible changes to Fit Notes:
The government has committed to reforming the fit note process so that increased numbers of people can return to work after a period of ill health. There will be a consultation this year on wider reforms to fit notes.
Occupational health:
I am a big believer that Occupational health plays a massive part with all things “human”.
The government are set to establish an expert group to advise on a new voluntary Occupational Health framework which will set out the minimum level of intervention needed to improve employee health at work. It will also work with employers and business representatives to promote best practice in relation to employee ill health and disabilities.
Although the government are not going to make occupational health mandatory for business, I for one would support this as it is a great resource.
Watch this space…
