Employment Law Round-Up: February 2024

February 2024

There are lots of changes in 2024.

We set out here our summary of the key changes we think you should be aware of.

Non-compete clauses

What?

In May 2023, the UK government announced that it will legislate to limit the length of non-compete clauses to three months.

When?

When parliamentary time allows. When passed non-compete restrictions longer than 3 months are likely to become unenforceable.

We suggest changing contracts now.

Changes to flexible working regime

What?

Employees will be able to make two requests to work flexibly in a 12-month period instead of one;
Employers are required to consult with an employee if it is considering rejecting a request for flexible working;
Employer must respond to a request within two months;
Employer must specify how it might deal with the impact of the request.
Day 1 right

When? From 6 April 2024.

Extended redundancy protection for pregnant women and new parents

What?

Under current law during the protected period parents on maternity, adoption or shared parental leave are entitled to be offered any available suitable alternative vacancy in preference to other employees at risk of redundancy. The protected period starts when an employee notifies their employer about their pregnancy. If the pregnancy ends and they are not entitled to statutory maternity leave, the protected period ends two weeks after the end of pregnancy. Where maternity leave or six or more weeks of shared parental leave is taken, protection continues for 18 months after the child’s birth.

When?

Applies in relation to pregnancy where the employee notifies the employer on or after 6 April 2024; applies in relation to maternity and shared parental leave where the leave starts on or after 6 April 2024.

Paternity leave

What?

Leave can be taken as two non-consecutive blocks of one week;

Leave can be taken at any point in the first year after the birth or adoption of their child;
Notice an employee must provide shortened to four weeks;
Dates can be varied with 28 days’ notice of the variation.

When?

Expected to come into force on 8 March 2024;
Will apply to babies whose expected week of birth is after 6 April 2024.

Neonatal care leave and pay

What?

Up to 12 weeks statutory neonatal leave and pay can be taken for parents of babies requiring neonatal care, which can be taken within 68 weeks of birth.

When?

Expected to come into force in April 2025.

Leave for unpaid carers

What?

Employees will be entitled to apply for up to one week of unpaid carer’s leave in any 12-month period. Employees must give notice of their request to take leave;

No minimum service required;
Employee must have a dependent with a long-term care need and be taking leave to provide or arrange care for them;
Leave may be consecutive or non-consecutive in full days or half days, as long as the total leave taken does not exceed one week;
Employees are not required to provide evidence;
Employers cannot decline a request but are entitled to postpone in certain circumstances;
Employees will be protected from any detriment or dismissal because they have taken or seek to take carer’s leave.

When?

From 6 April 2024.

Duty to prevent sexual harassment

What?

This will impose a duty on employers to take reasonable steps to prevent sexual harassment of their employees.

When?

Expected to come into force around October 2024.

Holiday rule changes for part-year and irregular hours workers

What?

Annual leave entitlement will be calculated on the last day of each pay period at the rate of 12.07% of the actual hours worked in that pay period. Alternatively, employers can add holiday pay to workers’ normal hourly rate at a rate of at least 12.07% of their total pay.

When?

Applies to holiday years starting on or after 1 April 2024.

Right to request a more predictable contract

What?

Workers with unpredictable work patterns will have the right to request predictability relating to their working hours, working days and times, and the length of their contract. Employers will have a month to respond to such requests and must deal with them reasonably.

When?

Expected to come into force around September 2024.

TUPE

What?

No requirement to elect employee representatives where an employer has fewer than 50 employees or there are less than 10 employees transferring. Employer can consult directly with employees.

When?

For transfers occurring after 1 July 2024.

Please contact the Employment team if you want to discuss further.

Danielle Lobell-Weiss

James Baker

April Gordon

Martin Tynan

Neha Solanki

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