April 2024 – Employment Law Changes

April is always a good month. The weather is milder, spring flowers are in full bloom, and optimism is in the air. April is also the month when a raft of new employment law changes tend to flow in from Parliament, and 2024 is no exception. To help you manage your affairs and meet your compliance obligations, below is a brief synopsis of what to watch out for next month.

Increase to National Minimum Wage (NMW)

From 1 April 2024, the following increases will apply to the NMW:

• For people aged over 21, the National Minimum (Living) Wage will rise from £10.42 to £11.44 .
• For people aged 18-20 the National Minimum (Living) Wage will rise from £7.49 to £8.60. 
• For people aged 16-17 and apprentices, the National Minimum (Living) Wage will increase from £5.28 to £6.40.

The NMW is the minimum wage requirement that all employers must adhere to, regardless of the business size or industry sector. Employers can set their wage rates above the minimum wage requirements. Still, you cannot pay staff less than the levels stipulated under the National Minimum Wage Act 1998 and the National Minimum Wage Regulations 2015. 

Holiday pay calculations

For holiday years starting 1 April 2024, new rules for calculating holiday entitlement and the option to pay rolled-up holiday pay will come into force for  those who work part-time and/or have irregular hours. Holiday entitlement for these workers will accrue at the rate of 12.07% of the hours worked during a particular pay period. Employers can choose to:

• pay a worker holiday pay when they take their holiday; or
• pay a worker rolled-up holiday pay.

Rolled-up holiday pay is where a worker’s holiday pay is included in their monthly salary or wages. This is calculated based on 12.07% of income received for the relevant pay period. Although they are entitled to take a holiday, their leave will be unpaid as the worker has already received their holiday pay. As an employer, you must ensure the holiday portion of a worker’s salary or wage is itemised separately on their payslip.

These new changes can be applied from holiday years starting on or after 1 April 2024. For example, if a business’s holiday year runs from January to December, the business will be able to implement the new rules from 1 January 2025. 

Paternity leave

Several changes will apply to employees where the expected week of childbirth (EWC) or placement for adoption begins on or after 6 April 2024. 

• Employees can choose to take either a one-week or two-week single period of leave, or two non-consecutive periods of leave of one week each;
• Leave can be taken within a year of the employee’s child’s birth or adoption; and
• Employees do not have to confirm exact dates of leave until at least 28 days before it is due to start (although they still must give 15 weeks’ notice before the EWC, or if this is not practical, notice must be given as soon as possible).

Protection from redundancy for pregnant woman

Pregnant employees have priority over other employees in being offered an alternative role if their role is being made redundant, however from 6 April 2024,  this protection will remain in place from the date they notify you of their pregnancy until 18 months after the birth. In the case of adoption, the protection will last 18 months from the placement date.

If your employee takes less than six weeks’ shared parental leave, they will enjoy redundancy protection during that period. However, employees taking more than six continuous weeks of shared parental leave will be protected for 18 months after the birth.

Introduction of carer’s leave

Employees will have a right from day one of their employment to take five working days unpaid carer’s leave every year. Carer’s leave can be taken in single or half days. Employees must give three days’ notice or a period of notice that is twice the length of the leave requested, whichever is longer.

Although an employer cannot refuse a carer’s leave request, you can delay it to a time that would cause less business disruption, provided approval is given within one month of the request.

The right to request flexible working

This will be a day one right from 6 April. The right is provided by the Employment Relations (Flexible Working) Act 2023 and applies to employees in England, Scotland, and Wales. Employees are now entitled to make two flexible working requests within a 12 month period.

As an employer, you must consider such requests and explore other options before turning the request down. In addition, you must provide your employee with the outcome to their flexible working application within two months, rather than within the current three month timeline.

Worker Protection (Amendment of Equality Act 2010) Act 2023     

Under this amendment to the Equality Act 2010, employers have a duty to stop sexual harassment in the workplace. The onus is moved from the victim to report and raise an issue and instead placed on employers to take reasonable steps to prevent sexual harassment. If the Employment Tribunal finds an employer breached their duty under the Act, any compensation awarded can be increased by 25%.

Get legal assistance

If you require legal advice concerning the changes to employment law commencing in April 2024, please call our office today on 02476 231000 or email enquiries@askewslegal.co

Please note that this article is for information purposes only and does not constitute legal advice.