Important April 2024 changes for employers

April brings with it some significant changes to family-friendly workplace entitlements, meaning that employers should review and update their existing policies.

Parliament has now approved the various sets of regulations necessary to bring into force the new rights, all of which were introduced as a result of the Private Members’ Bills that were granted Royal Assent last year.

The following changes will take effect from 6 April 2024.

Carer’s leave

The Carer’s Leave Regulations 2024 have been passed, setting out the details of the new right for carers to take up to a week’s unpaid leave as introduced by the Carer’s Leave Act 2023. The Government has also published brief guidance on the new entitlement.

Eligible carers can take a period of leave on or after 6 April 2024, subject to providing the minimum period of notice. Key requirements are as follows:

• The employee must have a dependant with a ‘long-term care need’. This is defined as being someone with an illness or injury (physical or mental) that requires (or is likely to require) care for more than three months, or someone with a disability for the purposes of the Equality Act 2010, or someone who requires care for a reason connected with their old age. A dependant is a spouse, civil partner, child or parent of the employee, or someone who lives in the same household as the employee and reasonably relies on the employee to provide or arrange care.
• A maximum of one week’s unpaid leave can be taken in a rolling period of 12 months. The leave can be taken in either single or half days, or a block of up to one week. It can be for the purpose of either providing the care or to arrange care. An employee is not entitled to extra carer’s leave if they have more than one dependant.
• A minimum of three days’ notice must be given to the employer, or twice as many days as the period of leave required, whichever is the greater. So, for a full week’s leave, a minimum of two weeks’ notice will be required.
• Notice of the leave does not need to be provided in writing, and the employer cannot require evidence in relation to the request before granting the leave.
• Employers cannot decline a request, but can postpone the leave if all the following circumstances apply:
  • If the employer reasonably considers that the operation of the business would be ‘unduly disrupted’.
  • The employer allows a period of carer’s leave to be taken by the employee of the same duration, within a month of the initial request.
  • The employer gives the employee written notice within seven days of the request, providing the reason for the postponement and confirming the agreed dates for the leave.

• Employees will remain entitled to the benefit of all their terms and conditions of employment during a period of carer’s leave, other than remuneration. They will be protected from suffering any detriment, or from being dismissed, on the grounds that they take, or seek to take, carer’s leave.

Note that this right is a ‘day one’ right, meaning that there is no minimum period of service required before an employee is entitled to take the leave.

Flexible working

The following changes to the current statutory right to request flexible working, resulting from the Employment Relations (Flexible Working) Act 2023, also take effect from 6 April 2024.

• Employees can make two flexible working requests (an increase from just one) in any 12-month period. Only one request can be in progress at any time.
• Employers are required to ‘consult’ with employees before rejecting any request.

• Employees are no longer required to identify the effects of the proposed change, or suggest how the employer might deal with them.

• Employers must respond to a request within two months (reduced from three months) subject to an agreed extension.

The Flexible Working (Amendment) Regulations 2023 also come into force on 6 April 2024. These regulations remove the existing 26-week minimum period of service for employees to make a request for flexible working, meaning that it will become a ‘day one’ right with effect from 6 April 2024.

The existing statutory business reasons for rejecting a flexible working request remain unchanged, meaning that an employer can still refuse an employee’s request provided it can genuinely rely on one of those reasons. There remains a risk, however, that employees whose requests are turned down may seek to bring a discrimination claim on the basis that the employer’s decision is discriminatory (for example, due to the employee’s sex, age or disability).

A new Acas Code of Practice on handling flexible working requests, replacing the original 2014 Code, has been approved by parliament and sets out further details on the procedure for employers to follow.

Paternity leave reforms

Under the Paternity Leave (Amendment) Regulations 2024, minor reforms to the existing right to take paternity leave will take effect in relation to employees with children due to be born, or placed for adoption, on or after 6 April 2024.

As a result of these changes, the existing two weeks of statutory paternity leave can be taken in two separate blocks of one week rather than a single block of leave. It can also be taken at any time in the first year, not limited to the first eight weeks after birth or adoption. The notice that an employee is required to give prior to taking the leave is reduced to a minimum of 28 days before each period of leave begins, instead of 15 weeks before the estimated week of childbirth (although it remains at seven days in the case of adoption). In addition, 28 days’ notice can be given to vary the dates of leave once initial notice has been given.

Increased redundancy protection

New regulations extending redundancy protection to apply both before and after family-related leave also take effect from 6 April 2024, introduced under the Protection from Redundancy (Pregnancy and Family Leave) Act 2023.

Prior to 6 April 2024, parents taking a period of maternity leave, adoption leave, or shared parental leave have the right to be offered any suitable alternative employment during a redundancy situation, in priority to any others at risk of redundancy.

As a result of the Maternity Leave, Adoption Leave and Shared Parental Leave (Amendment) Regulations 2024, this protection is extended to apply during pregnancy, and for a period of 18 months after birth or placement for adoption for those taking maternity, adoption or shared parental leave. This means that for an employee taking 12 months’ maternity leave starting with the date of birth, the protection will continue to apply for six months after their return to work.

The extended protection will apply to employees taking maternity and adoption leave ending on or after 6 April 2024, and those taking shared parental leave starting on or after 6 April 2024. Note that for protection to apply after shared parental leave, there is a minimum threshold of six weeks’ continuous leave.

Protection will also cover a period of pregnancy if the employer is informed of the pregnancy on or after 6 April 2024. It starts when the employee informs their employer about the pregnancy.

Employers anticipating a redundancy selection process should ensure that they account for any affected employees who are currently pregnant, as well as those taking a period of leave and who have recently returned from maternity, adoption or shared parental leave. These employees must be given priority in being offered any alternative employment should their role be redundant.