Business 55 www.aftermarketonline.net JULY/AUGUST 2024 adoption, or shared parental leave. Pregnant employees are now protected from redundancy from the time they inform their employer of their pregnancy until 18 months after childbirth. Those on adoption leave and shared parental leave are also protected for 18 months from the date of their child’s placement or birth. Employers are advised to review their redundancy and pregnancy and maternity policies in advance of the anticipated changes. And those considering or planning a restructure in 2024 should think through the implications of the new legislation and prepare for any practical issues that may arise. Unpaid carer’s leave Another change that came in from April 6 aims to help employees who are carers for dependants with (defined) long-term care needs; they became entitled to take one week’s unpaid leave per year. This is available to all employees from the first day of their employment; leave can be taken as a block or as individual days within a 12-month period. It should be said that there are minimum notice periods to be adhered to and although employers cannot decline a request for leave, they can postpone it within certain parameters. So, employers are strongly encouraged to update their absence and leave policies to reflect this change as a matter of priority. Paternity leave The last change that came in recently was the Paternity Leave (Amendment) Regulations 2024. In force from March 8, the regulations allow fathers and partners, where the expected week of childbirth or placement of adoption is after April 6, 2024, to take their leave in two non-consecutive blocks of a week each rather than two consecutive weeks (or one week only) as was the case before. This leave can be taken at any point in the 52 weeks after birth, rather than the first eight weeks after adoption or birth. Also, the notice period for alerting employers of the intention to take leave has been reduced from 15 weeks before the child’s due date to four weeks (other than domestic adoption, which remains as within seven days of being matched with a child). But beyond these changes, more legislation had been expected later this year (before the election was called). TUPE consultation Expected upcoming legislation to protect employees and their benefits, when their employment changes hands, was set to alter from July 1, 2024. From that date, the Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023 were expected to change TUPE-related consultation requirements for smaller businesses, so that businesses with fewer than 50 employees would not have to elect employee representatives, and neither would those where fewer than 10 employees are to be transferred. Predictable working patterns Meanwhile, the Workers (Predictable Terms and Conditions) Act 2023 was also expected to come into force in September 2024. This would introduce a new statutory right for employees and workers to request a more predictable working pattern subject to eligibility criteria. Workers with variable hours, those on fixed-term contracts of less than 12 months, and agency workers, would be likely among those to benefit from this new right. Beyond that there are rules around the number of applications that can be made a year (two), and the way in which employers deal with requests. At the time of writing this article, there were six grounds listed on which to refuse a request such as planned structural changes, and the burden of additional costs. Even so, the change may lead to a range of benefits for businesses, including better staff retention as workers will not need to look for a new role to secure a working pattern to meet their needs. Harassment protection The last change that employers need to be aware of this year is the Worker Protection (Amendment of Equality Act 2010) 2023, expected to come into force in October 2024. This would place a positive duty on employers to take reasonable steps to protect their employees against sexual harassment, with the purpose being to make workplaces a safer environment for all workers. It is important to note that if employers are found to have breached this new duty, employment tribunals would have the power to increase compensation by up to 25%. The definition of ‘reasonable steps’ is to be the subject of guidance in due course. The Equality and Human Rights Commission has been preparing a new statutory code of practice on sexual harassment in the workplace which should be available when the legislation comes into force. All of the changes and expected changes are important for employers — and employees — to get to grips with. A breach of any one of them could see an employer facing a claim in the employment tribunal. Revisiting procedures and policies and possibly taking advice is essential.
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