As we settle into 2024, we are seeing significant changes to current employment laws. This has followed years of consultation surrounding the development of more people and family centric policies to help balance and benefit personal, work and family life as well as increase opportunities for more people in the jobs market.
Workers will gain additional rights; so employers – as well as employees – need to keep their eyes wide open to clearly understand these new obligations and implications and how to manage their workforce as a result.
Caring for those who depend on you
Many of us tread the tightrope of balancing care needs of dependants and work on a daily basis which can often present a challenge; especially when annual leave is numbered, and employers are not so supportive of requests for time off.
From 6th April 2024, The Carer’s Leave Act 2023 comes into force and will permit (as a day one right) employees a week of unpaid leave a year, taken as full days or half days. The legislation will support the 4.9 million people who currently juggle care responsibilities and work to enable time off for attending medical appointments, supporting personal and social care.
Neonatal Support
There will be a day one right (with no minimum earnings threshold) for parents following the birth of their child who requires neonatal support and is receiving care within the first 28 days of life due to a premature birth or other medical complications. For most parents, this can be a very fraught and stressful time, often compounded by the pressure of having to return to work.
Parents will be eligible for a maximum of 12 weeks unpaid leave after their paternity / maternity leave has expired. The Neonatal Care Act received Royal Assent on 24 May 2023, and it is scheduled to come into force in April 2025.
Flexible working the new dawn
With flexibility a must in every aspect of life to keep those many plates spinning, employment is no exception. Bringing the current legislation into the modern day, we will see the right to request flexible working as a day one right with a legal obligation on employers to consider the same and make a decision within 2 months.
Under the new legislation, employees can also make two statutory requests for flexible working in any 12-month period, as opposed to one request previously.
Pregnant women protected from redundancy
Did you know that whilst women on maternity leave are afforded protection under a special protective regulation that requires their employer to offer them a suitable alternative before anyone else if their role is at risk of redundancy, the same preferential treatment is not required if they are currently pregnant and still working? Logic? There isn’t any!
The Protection from Redundancy (Pregnancy and Family Leave) Act will extend the current right of suitable alternative to those on adoption leave and shared parental leave as well as to an employee as soon as their employer is informed of the pregnancy. In a further landmark change, the protection will also last for 18 months after childbirth. There is no blanket ban on redundancies, the changes come into effect on 6 April 2024.
These are just some of the changes to look out for and be aware of to ensure that your business reasonably, fairly and legally deals with ongoing family centric issues in the workplace.
Menopause in the workplace
New guidance on menopause in the workplace has recently been published by the Equality and Human Rights Commission (EHRC) setting out employer’s legal obligations.
One in ten women surveyed who have worked during the menopause have left their jobs due to symptoms, while two thirds of working women between the ages of 40 and 60 with experience of menopausal symptoms said they have had a mostly negative impact on them at work. However, very few workers request workplace adjustments during this time.
The guidance from the EHRC aims to clarify employers’ legal obligations and provide practical tips on making reasonable adjustments and fostering positive conversations about the menopause with their workers.
If menopause symptoms have a long term and substantial impact on a woman’s ability to carry out normal day-to-day activities, this may be considered a disability. Consequently, under the Equality Act 2010, an employer will be under a legal obligation to make reasonable adjustments and to not discriminate against that worker.
Additionally, workers experiencing menopause symptoms may be protected from less favourable treatment related to their menopause symptoms on the grounds of age and sex.
Some businesses are already considering setting up their policies early. If you haven’t done this yet, it’s worth getting advice to create a policy that works for your organisation. For further information on these or any other Employment related issues, kindly contact Kaajal Nathwani on 020 8363 4444.
by Kaajal Nathwani, Head of Employment Law Department, Curwens LLP
Kaajal is a Partner and heads Curwens’ Employment Law Department, she has a wealth of experience in advising on matters relating to discrimination, flexible working, maternity and pregnancy related sex discrimination and how to address these issues and effectively manage them at work.
