On 22 April, Laura Welchew and Vikki Cunliffe, Partners in the Employment department at Housing Forum member Trowers & Hamlins, answered questions from Housing Forum members on employment law updates in 2024 and beyond.
Several significant changes have recently been implemented, most notably around flexible working. As this has become more common since the Covid-19 pandemic, employees can now request flexible working on day one, rather than having to wait 20 weeks as previously. They no longer have to explain what impact this will have, and employers cannot refuse a request unless they have consulted with the employee.
Most employers have been implementing policies to this effect already, but they will need to be conscious that, not only will they be likely to see an increase in requests, but that employers should be clear on why employees are asking for flexibility to ensure that the outcome recognises any needs such as health ones.
Another new development concerns the right to request set working days, and an employee’s right to request that fixed term contracts are made permanent. The details of this are still to be finalised, but it will only kick in after an employee has stayed with an employer for six months, and these requests can be rejected on statutory grounds.
New changes also include the introduction of two new categories of employee entitled to holiday pay – irregular hour workers and part of the year only workers. One week’s unpaid leave per year has also been introduced for anyone providing or arranging care for partners, parents or dependents, provided that this care will last for three months of longer. However, the proposal to combined the 1.6 weeks of bank holiday leave with existing statutory four weeks of annual leave was not implemented, since the four weeks leave has to reflect an average of overtime rates, while bank holidays are fixed.
It was also noted that changes to paternity leave were likely. This will be reformed to be more flexible, to be taken as two one-week blocks, and to be able to be taken at any point in the first year of a baby’s birth or adoption, with the notice period shortened to 28 days.
“Neonatal care leave” is also set to be brought in, to provide extra leave for parents whose babies are in neonatal care.
Laura and Vikki also answered questions about the Labour Party’s plans if they won the upcoming election. These entail a boost to collective bargaining by sector, banning zero hours contracts, and broadening the remit of the low pay commission to take into account the real cost of living. In addition to this, there are plans to increase statutory sick pay and to make it available from day one, to introduce a Race Equality Act to tackle structural issues in the workforce, to end ‘bogus’ self-employment and to use more sanctions against employers who break the rules. Further proposals include ending fire and rehire, strengthening rights to flexible working, and giving more rights to trades unions to recruit members and to meet.
Many thanks to Laura and Vikki for presenting, and to Trowers & Hamlins for hosting the event.
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