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2024 Employment Law Round Up
As we fast approach the midnight bells signifying the end of 2024, here’s a short round up of the most prominent employment law updates we have seen over the past 12 months.
1. Holiday rights for seasonal workers
January 2024 saw the introduction of new rules being in place for the purposes of calculating holiday entitlement for those who work irregular hours throughout the year i.e. seasonal workers. These new rules applied for those whose holiday years commenced on or after 1st April 2024. Some employers operate a January to December holiday year cycle, so this will be an important key point to remember and take note of when calculating the correct level of annual leave for all of your workforce for 2025, including those who work irregular hours.
2. Family friendly rights
April 2024 saw the introduction of a change to the law, entitling all employees the right to request flexible working from day 1 of their employment. This superseded the previous requirement where employees had to have a qualifying period of employment lasting 26 weeks or more before they could apply. Employees are also entitled to make two flexible working requests in any twelve-month period. An employer can still lawfully refuse a flexible working request provided the refusal is based on one of the eight statutory grounds.
3. Carer’s Leave
April 2024 also saw the introduction of the Carers Leave Act which now entitles employees and workers to a week of unpaid leave each year to provide or arrange care for a dependent. The definition of a dependent is fairly wide and extends to anyone who requires care for an illness or injury for more than three months, of for a disability or those who need care due to old age.
4. Fire and Rehire Practices
July 2024 saw the introduction of a new Code of Practice to address how employers should address any need to make changes to existing terms and conditions of employment. The Code sets out legal expectations that employers must and should follow in a situation where a fire and rehire process may still be implemented to achieve this aim.
5. Right to retain Tips
October 2024 saw the introduction of new law, making it unlawful for workers’ tips to be withheld. Tips must now be distributed in a fair and transparent manner and passed onto workers and employees without any deductions. All employers are required to have a written policy on tipping which is available for all staff to view. There is also a legal requirement to keep a log and record of all tips paid to whom and when. All tips must be paid by no later than the end of the next calendar month’ in which they are due and should always be paid without deduction.
6. Sexual Harassment
October 2024 saw the introduction of a new law setting out a requirement on an employer to take steps to prevent sexual harassment in the workplace, with harsh financial penalties for non-compliance. This superseded laws on harassment whereby an employer was required to address acts of harassment through the usual channels such as their grievance and disciplinary procedures. There is now a duty to prevent the sexual harassment from occurring in the workplace, which now extends to third parties who supply, visit, serve or assist your business or your employees.
7. Employment Rights Bill
With the arrival of the Labour government, we have seen the introduction of the Employment Rights Bill setting out a catalogue of changes to employment law rights spanning over 250 pages. There is no need to panic quite yet as these proposals will need to first receive Royal Assent and are not likely to come into force much earlier than 2026. However, the key changes which the Bill proposes are :
(a) A day 1 right for all employees offering greater protection from unfair dismissal
(b) Making flexible working the default where practical to do so and tighter justification for any refusal of a request
(c) Cessation of zero hour contracts with a right to guaranteed hours
(d) Restrictions on Fire and Rehire practices and replacement of the new Code of Practice
(e) Removal of the lower earning limit for SSP
(f) The introduction of a Fair Work Agency to support employers
A year is a long time in the ever fast-paced area of Employment Law. The year saw many proposals evolve following the introduction of a Labour Government and there are some exciting and anticipated changes to employment law coming in 2025. Watch out for our next blog coming out in early 2025.
For more information, contact Joanna on 01827 317092 or jrobson@pickerings-solicitors.com.
In the meantime, the employment law team, as well as the wider firmwide team at Pickerings Solicitors wish you all a very Happy New Year and may 2025 bring to you continued prosperity and success in your businesses.
