Advertisment

Advertisment

Home » Knowledge Hub » » 2024: Essential Employment Law Updates for HR Professionals

2024: Essential Employment Law Updates for HR Professionals

29 November 2023

worknest

Worknest Employment Law, HR and Health & Safety expertise

Recruitment and job search magnifying glass with wooden people concept for human resources and choosing the right people

Employment law changes constantly, making it a challenge for employers to stay updated and make the necessary preparations in advance. The upcoming year, 2024, is no exception, as a wave of legal updates is poised to reshape the employment landscape.

This follows a busy year of enhancements to workers’ rights, with no fewer than five new employment Acts, designed to enhance family-friendly rights, already announced earlier this year and due to take effect in 2024.

As a new year approaches, we spotlight some of the impending employment law changes on the horizon that should be on your radar.

The Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023

Set to come into effect on January 1, 2024, the Regulations will amend laws concerning holiday pay, TUPE, and working time.

The new provisions aim to simplify the calculation of holiday entitlement for part-year and irregular hours’ workers by introducing an accrual rate of 12.07% of hours worked in each preceding pay period. In addition, it will be possible for employers to “roll up” holiday pay for part-year and irregular hours workers only for holiday years that start from 1 April 2024 onwards. These new rules on holiday entitlement will also contain similar carry-over provisions.

Proposed changes to TUPE consultation requirements will enable small businesses (with fewer than 50 employees) and businesses of any size undertaking a small transfer (involving fewer than 10 employees) to consult directly with their employees if there are no existing worker representatives in place. This change only applies to TUPE transfers that take place on or after 1 July 2024.

With regard to working time record keeping, the government has confirmed that businesses won’t be obliged to maintain a record of workers’ daily working hours. While businesses will still need to keep “adequate” records to demonstrate compliance with the Working Time Regulations, this proposal seeks to eliminate the requirement for businesses to maintain overly detailed records that were often disproportionately costly and burdensome.

Note: Since these are only draft regulations, they are subject to change.   

Equality Act 2010 (Amendment) Regulations 2023

Scheduled to take effect on 1 January, 2024, this draft legislation includes refining the definition of disability under the Equality Act to consider a person’s ability to engage in working life as a relevant factor in assessing ‘day-to-day activities.’

Additionally, the amendments extend the right to claim indirect discrimination by association, introducing a ‘single source’ test for equal pay comparators, extend direct discrimination protection to include statements about not wanting to recruit individuals with certain characteristics even where there is no identifiable victim, and explicitly include breastfeeding-related discrimination under the protected characteristic of sex.

Changes to family-friendly rights

Another significant change on the horizon is the Employment Relations (Flexible Working) Act, which received Royal Assent in the summer of 2023.

Under the proposed changes, employees gain the right to make two flexible working requests within any 12-month period, compared to the previous limit of one under current law. In addition, the obligation on the employee to explain what effects the proposed change has on their employer and what solutions are available to mitigate these effects, is no longer required. Employers are now required to consult each employee before rejecting their flexible working request and need to reach a decision within two months instead of three.

Carer’s Leave Act

The Carer’s Leave Act guarantees eligible employees the right to take one week’s leave per year to care for a dependant. This includes a spouse, civil partner, child, parent, or a person relying on the employee for care. This act aims to provide support from day one of employment, contributing to improved mental health and overall well-being for carers. The provisions do not come into effect until regulations are made and are not expected to be in force until at least April 2024.

Neonatal Care (Leave & Pay) Act

The Neonatal Care (Leave & Pay) Act, receiving Royal Assent on May 24, addresses the needs of parents with babies admitted to neonatal care. Approximately 700,000 babies annually require neonatal care, and this Act allows parents additional time off (up to 12 weeks) beyond standard parental leaves. Applicable from day one of employment, it provides paid leave for parents when their baby is in neonatal care. While it’s planned to come into force in 2025, an earlier implementation is possible, making it important to be aware of its potential impact.

Employment (Allocation of Tips) Act 2023

This Act is expected to come into force in May 2024, and will protect the earnings of hospitality workers and employees. This legislation makes it illegal for businesses to withhold tips from employees and employers must ensure fair tip allocation, prompt payment, and maintain clear written policies, including a three-year record of tip distribution.

As many of these changes will take effect from 1 January 2024, it doesn’t give employers much time to get to grips with the proposals. It’s crucial for HR teams to familiarise themselves with the new legislation, review and update existing policies in line with these updates, and seek advice from employment law experts if further guidance is needed.

Topics

Share

Advertisment

Latest Events

It’s All HR’s Fault

Despite being a trusted voice in the C-suite, HR is still viewed with distrust and outright disdain by many employees – the very people HR is there to support.
It's all HRs Fault Webinar

Jan 24 – Health and Wellbeing – Making it Personal

If you’re investing in a health and wellbeing strategy, you want to make sure it meets the needs of your workforce.

Jun 2023: HR Data – The Key To Delivering Real Value

This webinar on HR Data brought home the importance of understanding the value of people data not just to HR but to the business as a whole.
HR on demand event - HR data: the key to delivering real value

Apr 2023 – HR Tech: Ensuring your technology delivers for all your people

Technology continues to throw challenges at the HR function as the speed of change increases and new technology (anyone noticed something called AI?) enters the arena.
HR tech on demand webinar with Sympa

Nov 2023 – Reward and Recognition for the International Workforce

In this webinar we explored the dispersed workplace and asked what it means to support employees all over the world.
Reward and Recognition for the International Workforce

Dec 2023 – Year in Review 2023

In this webinar we brought back some of our previous 2023 webinar speakers who gave their view on the past 12 months.

AI as part of the hiring, on-boarding and retention processes

The HR World and Sanderson Managed Services Ltd held an exclusive Round Table dinner to further the discussion of AI among Senior HR Leaders.

RPO Market – Insource, Outsource or Hybrid: What are the best solutions?

The HR World and Sanderson Managed Services Ltd held an exclusive Round Table dinner to explore and debate the current RPO arena.

Resourcing Models, Insource, Outsource or Hybrid what are the best solutions?

Discussions on the evening were led by two invited experts Jim Richardson, with spells at Santander and Royal Bank of Scotland as Global Head of Talent, Jim now advises corporate businesses on their TA models, and, Ross Crook, Managing Director at Sanderson Solutions.
Resourcing models round table

Mar 2023 – Equality, diversity, and inclusion: Reshaping thinking for action

In this webinar we explored how ED&I can have a real impact for businesses. At the centre of the discussion was the idea of changing thinking in order to make things happen.
Equality, diversity, and inclusion: Reshaping thinking for action

Feb 2023 – Leading With Agility: How to give your business the behaviours and mindsets it needs for volatile times

This webinar took as its focus agility and how businesses can develop and maintain these skills among its workforce.
This webinar took as its focus agility and how businesses can develop and maintain these skills among its workforce.

Jan 2023 – How can you create a culture of health and wellbeing in the workplace?

This webinar tackled the important and timely issue of creating a health and wellbeing culture in the workplace.
How can you create a culture of health and wellbeing in the workplace?

AI and Technology: A Swift Return on Investment

As technology becomes more sophisticated, tailored and impressive, HR has a considerable task on its hands to understand what solution or system is best for its business.

Sep 2023 – Retention: Holding on to The Talent You Need

The post-pandemic workforce now presents more of a challenge in terms of feeling satisfied and content in the workplace. This webinar on retention also provided a masterclass on employee engagement.
Retention holding on to the talent you need

Oct 2023 – Talent Acquisition: Why your Employee Value Proposition (EVP) is more important than ever

This webinar addressing talent acquisition majored on the Employee Value Proposition (EVP).
Talent Acquisition – Why your Employee Value Proposition (EVP) is more important than ever

Compensation Planning – The key to a motivated and satisfied workforce

Compensation and reward strategies have changed radically over the past few years with the impact of the pandemic and the trends that followed.
Compensation Planning - The key to a motivated and satisfied workforce

Streamlining Year-End HR Operations

Providing seasonal support, ideas and inspiration, this webinar covered the challenges and opportunities presented to HR professionals at this time of year.
Streamlining year-end HR operations

Aug 2023 – Professional Development: Making the Step Up

What does it take to be an HR Director, or to take a position at Board level? This webinar looked at professional development for HR leaders.
What does it take to be an HR Director?

Jul 2023 – Employee Benefits: Then, now and next

The importance and value of giving employees choice on rewards and recognition.
Employee benefits, then now and next.

May 2023 – AI in HR: The Perfect Balance

AI is hitting the headlines right now as experts forecast a future that’s powered by tech. But what will this mean for HR?
On demand hr webinar - Ai in HR

Hiring Gen Z – what can employers learn about emerging talent in 2023?

Join us at this cross-learning, in-person event as part of The HR World Culture Clash series at RSA House in London on 20 Oct 2022.
Hiring Gen Z: Culture Clash Panellists

Bridging the gap: what can employers learn about emerging talent to drive better hiring strategies?

Join us at this cross-learning, in-person event as part of The HR World Culture Clash series, bringing HRDs, founders and emerging talent together to build a better workforce for the future.
Bridging the gap: what can employers learn about emerging talent to drive better hiring strategies?
HRW Membership@2x@2x

Are you a senior HR professional?

Join our membership to shape the future of work, get exclusive access to events, white papers and research content, profile your work, gain access to support from HR experts and celebrate your successes.

Become a Partner

Please get in touch to talk about how we can help your business make an impact in the world of work through our content marketing, partnership plans and advertising.