This week, it has been confirmed that a variety of new family-friendly employment regulations will come into force in England, Scotland, and Wales on 6 April 2024.
The new regulations that will come into effect next year are:
Below, we have provided further details of the new family-friendly employment regulations and what they will mean for employers and employees.
The Flexible Working (Amendment) Regulations 2023
The Flexible Working (Amendment) Regulations 2023 will remove the current legal requirement whereby an employee must have 26 weeks of service before they can make a formal request. Instead, the right to make a flexible working request will become a day one right. This new right will be rolled out for requests made on or after 6 April 2024.
This change was previously put forward by the Government, but it was not included with the other changes to the statutory flexible working regime. These changes were included in the Employment Relations (Flexible Working) Act 2023, which was published earlier this year. The date for the implementation of the Employment Relations (Flexible Working) Act 2023 has yet to be confirmed but it is likely to be April 2024 also.
Whilst it hasn’t been confirmed, it has also previously been suggested that employees will be permitted to make two flexible working requests in any 12-month period. Currently, they are only legally entitled to make one. It will also reduce the period for employers to deal with requests from three months to two (unless an extension is agreed).
It has also been rumoured that:
- Employers will be required to ‘consult’ with an employee making a request before they can refuse it; and
- The current requirement that employees must explain what the likely effects of their request being granted would be and how this might be dealt with will be removed.
The Maternity Leave, Adoption Leave and Shared Parental Leave (Amendment) Regulations 2024
These Regulations will provide new parents with an extended period of protection from redundancy whilst they are on maternity, adoption or shared parental leave.
For those on maternity leave, the period protected from redundancy will include the entire pregnancy, including 18 months from the first day of the estimated week of birth. However, this can be altered by the employee to the precise date of birth if they inform their employer of this before their maternity leave ends.
Additionally:
- For those taking adoption leave, they will be protected from redundancy for 18 months from the date of placement for adoption.
- In respect of shared parental leave, the protected period will be 18 months from birth, on the basis that the parent has taken a minimum of six consecutive weeks of shared parental leave.
The Carer’s Leave Regulations 2024
Finally, under these Regulations, those who have a dependant with a long-term care need and who want to be absent from work to provide or arrange care for that dependant will be able to apply for up to one week of unpaid leave every 12 months.
This right will be available from day one of employment. Those making this type of request will have to give their employer notice of at least twice the length of time that they want to take off work. Requests must be made in writing and can be for consecutive or non-consecutive, half, or full days.
Employees taking carer’s leave will be protected from dismissal or detriment due to them having taken carer’s leave.
Employers will be able to postpone a carer’s leave request if their commercial operations would be unduly disrupted by it being granted. In such circumstances, notice should be provided to the employee outlining why the postponement is necessary. An employer will be permitted to allow the leave to be taken within one month of the originally requested leave start date. This process needs to be carried out in consultation with the employee.
Comment
Employees can look forward to some further protection and access to leave if applicable under these new family friendly employment regulations, which have been under review and discussion for a while. These changes are a significant shift in what employees can expect as ‘a day one right’. It could be argued that the changes in flexible working are moving in line with the new ways of working that has developed since Covid and working during lockdown periods.
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Ruby Rai is a Senior Associate in our expert Employment Law team, advising on a wide range of employment matters, including TUPE, redundancies, and senior-level exit strategies, drafting policies, procedures, employment contracts and settlement agreements.
If you would like any advice concerning the subjects discussed in this article, please contact Ruby or another member of the team in Derby, Leicester or Nottingham on 0800 024 1976 or via our online enquiry form.
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