What to Expect from Employment Law in 2024

Fiona Gorry
Fiona Gorry
Associate
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As 2024 starts to gather momentum, we take this opportunity to consider some of the anticipated and proposed developments in UK employment law in the coming year.

  • Supremacy of EU Law– The Retained EU Law (Revocation and Reform) Act 2023, introduced in June 2023, removed the principle of supremacy of EU law as of 1 January 2024, providing the Government with the power to restate, remove or replace certain parts of retained EU law. Following the implementation of this Act, throughout 2023 the Government made proposals to reform certain parts of retained EU law, several of which it confirmed its intention to legislate and implement throughout 2024.
  • Changes to Holiday Pay and the Working Time Regulations 1998 (WTR)– One of the proposals on which the Government has recently legislated, relate to changes to holiday pay and the WTR. For more information on the details of the legislative changes and proposed reforms, please see our previous JEL alert, here.
  • Duty to Prevent Sexual Harassment– The Worker Protection (Amendment of Equality Act 2010) Act 2023, which will come into force in October 2024, will introduce a duty on employers to take reasonable steps to prevent the harassment of their employees in the course of their employment and provide employment tribunals with the power to uplift sexual harassment compensation by up to 25%, where an employer is found to have breached this duty.
  • Paternity Leave– The draft Paternity Leave (Amendment) Regulations 2024 have recently been laid before Parliament. These Regulations will make several amendments to the way in which individuals can choose to exercise their right to statutory paternity leave. We will be providing a more detailed update on the Regulations and their effects in due course.
  • Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) transfers– As of 1 July 2024, businesses with fewer than 50 employees undertaking a transfer of any size, and/or businesses of any size undertaking a small transfer of less than 10 employees, will be able to consult directly with employees if there are no existing worker representatives in place.
  • Carer’s Leave– As of 6 April 2024, under the Carer’s Leave Regulations 2024, employees who have caring responsibilities for a dependant will have the right to apply for unpaid carer’s leave. For more information, see our past JEL alert, here.
  • Enhanced Redundancy Protections for Pregnant Women and Maternity Leave Returners– With effect from 6 April 2024, the protected period during which employees on maternity leave, adoption leave and shared parental leave must be offered suitable employment where a redundancy situation arises will be extended. This will now cover a period of 18 months from the exact date of birth or placement for adoption. In cases of shared parental leave, this extended period will only apply where the parent has taken at least six consecutive weeks of shared parental leave.
  • Flexible Working– As of 6 April 2024, under the Flexible Working (Amendment) Regulations 2023, employees will be entitled to make a flexible working request from day one of their employment. For more information, see our past JEL alert, here.

We will publish updates on any forthcoming changes to employment law in 2024 as the year progresses. However, if you would like to discuss any of the above changes or proposals, or you require support or advice on any employment law matters, please do not hesitate to contact a member of the team on 0141 331 5150.

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