Redundancy, paternity leave, flexible working … all the new employment laws

This month saw the introduction of a number of important new employment laws.

One of the biggest changes made involves redundancy protection for those who are pregnant, on maternity leave, taking adoption leave, utilising shared parental leave and those who have suffered a miscarriage.

The changes include:

• Pregnancy – protection from redundancy from the date pregnancy is confirmed to the employer, where the date of pregnancy is confirmed on or after April 6, 2024.
• Maternity Leave – protection from redundancy for 18 months from the expected week of childbirth, which can be changed to the actual date of birth, provided the employee informs the employer of the date of childbirth in writing.
• Adoption Leave – protection from redundancy for 18 months from the date of placement. The provisions apply to those whose adoption leave end on or after April 6, 2024.
• Shared Parental Leave – protection from redundancy for 18 months from birth or placement for adoption, provided the employee has taken at least six weeks continuous shared parental leave. The provision does not apply if the employee is already protected under maternity or adoption leave provisions. The provisions apply to those whose six continuous weeks starts on or after April 6, 2024.
• Miscarriage – Where miscarriage is before 24 weeks of pregnancy, the employee will be protected from redundancy during the pregnancy and for a period of two weeks post-miscarriage.

Holiday pay changes

Also among the new laws include holiday pay changes for those who work part of the year or work irregular hours.

The calculations for holiday pay will no longer be based on Regulations 13 and 13A of the Working Time Regulations 1998, but on a new Regulation 15B. The provisions apply for holiday years commencing on or after April 1, 2024.

Carers Leave Regulations

Carers Leave Regulations 2024 has also come into effect. This allows employees to apply for up to one week of unpaid leave in any 12-month period.

This is now a day one right with no qualifying period of employment required. The leave can be taken as half days or full days and can be consecutive or non-consecutive. Employees must give notice of either twice the amount of time they wish to take off, or three days, whichever is the greater.

Employers can seek to postpone the leave, but must consult with employees about rescheduling the leave. The rejection must come before the leave is due to commence. An employee cannot be subject to any detriment or be dismissed as a consequence of requesting or taking the leave.

Paternity Leave

Employees can now take leave as one week, two consecutive weeks or two non-consecutive weeks. The leave can be taken at any time within 52 weeks of the child being born. The notice required has been reduced to 28 days before the desired leave date.

Flexible Working requests

The right to request flexible working has now become a day one right.

The process for dealing with a request must now be completed within two months, including the appeal, rather than the previous three months.