New workplace laws being introduced in January 2024

January 1, 2024 is expected to bring with it several new laws affecting the workplace.

The changes to holiday pay, working time and TUPE are likely to come into force on 1 January 2024. They will include:

• Making rolled up holiday pay lawful for part‐year workers or those with irregular hours by providing a standard 12.07% of pay calculation.
• Ensuring statutory holiday can carry to the following year where the working is unable to take leave due to family related leave.
• Allow leave to be carried over for up to 18 months where the worker is on sick leave.
• Defining “normal remuneration” to include commission and regular overtime.
• Allowing small businesses with fewer than 50 employees undertaking a TUPE transfer and a business of any size where fewer than 10 employees are due to transfer to consult directly with employees where there are no existing representatives in place.

This clarification of various laws will come as welcome news to many employers.

Additionally, the changes to the Equality Act 2010 will come into force on 1 January 2024. The amendments include:

• The right to indirect discrimination by association. Indirect association arises when a provision, criteria or practice (PCP) puts people with a particular protected characteristic at a disadvantage when compared to a person who does not have that protected characteristic. The new provision means that someone who does not have the particular protected characteristic, but still suffers the same disadvantage as a consequence of the PCP, will be protected and able to bring a claim.
• An update to the definition of a disability within the meaning of the act to take in account the person’s ability to participate fully in working life on an equal footing with other workers, when considering “day to day activities.”
• An extension to direct discrimination to over a discriminatory statement concerning not wanting to employ a person with a certain protected characteristic, even where there is no recruitment process ongoing.
• Confirmation that discrimination on the grounds of breastfeeding is covered by the protected characteristic of sex.