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January 2024- Employment Relations (Flexible Working) Act 2023 & Carers Leave Entitlement

Last updated: 4 January 2024 at 17:44:39 UTC by Andrew Everard

 

COUNCIL NEWS

JANUARY 2024

 

What’s New for 2024

Forthcoming Legislation Changes from 1st April 2024

 

 

1.     Employment Relations (Flexible Working) Act 2023

2.     Carers Leave Entitlement

 

1.     Employment Relations (Flexible Working) Act 2023 – Implementation April 2024

This provides Employees with more rights to request a change to the number of hours they work each week, as well as their start and finish times. It also includes the right to request home working. These entitlements will start from day one of employment.

 

This means that regardless of whatever appears in a Job Advertisement, Job Offer letter or Contract of Employment regarding the location of work, working hours or other working time details, a new Employee can submit a request to change these terms from their first day in a job.  At present requests can currently only be made after 6 months continuous employment and there is no need for consultation.

 

The Act also includes an opportunity for workers to submit two requests to make these changes in a rolling twelve-month period.  Currently it is limited to just one request.

 

Any request made by an Employee will have to be subject to a 2/3-week consultation process. Currently a line manager only needs to meet with an Employee to discuss their request.

 

The Government has decided to beef up this current entitlement to try and tempt those people back to work who chose to stay at home after lockdown regulations were lifted. The purpose is to make work more attractive to these people and enable them to fit work in around their domestic circumstances. 

 

Councils do not have to agree to an Employee’s request, there are six statutory reasons for refusal, which are:

·       Additional cost to the business.

·       Damage to customer service.

·       Inability to share work out amongst other staff.

·       Damage to quality of work.

·       Damage to performance.

·       Inability to recruit staff to cover reduced hours.

 

If, following a period of consultation and a meaningful assessment of the evidence, it can be proven that one or more of the above apply, the request can be rejected.

 

2.     Carers Leave Entitlement – Implementation April 2024

Employees who have caring responsibilities for a dependent will be able to request up to 4 weeks unpaid leave in a 12 month period. This entitlement has no qualifying period and will be available from day one of employment.

 

Requests can be made for the whole 4 weeks, or 1, 2, 3 weeks, or single days of half days.

 

Councils can refuse to allow the Employee to take specific dates due to business reasons, but must provide a mutually agreed date within one month of the original request.

 

Failure by Councils to facilitate these requests would be a breach of statutory rights and could result in claims for Unfair/Constructive Dismissal, at an Employment Tribunal.

 

Statutory Payment Rates from April 2023

 

Shared Parental Pay (ShPP)

Statutory rate of £172.48 or 90% of employee’s weekly earnings if lower.
Maternity Pay (SMP)

6 weeks at 90% of average weekly earnings. Then statutory rate of £172.48 or 90% of employee’s weekly earnings if lower.
Adoption Pay (SAP)

6 weeks at 90% of average weekly earnings. Then statutory rate of £172.48 or 90% of employee’s weekly earnings if lower.
Paternity Pay (SPP)

Statutory rate of £172.48 or 90% of employee’s weekly earnings if lower.
Parental Bereavement Pay (SPBP)

Statutory rate of £172.48 or 90% of employee’s weekly earnings if lower.

Statutory Sick Pay  (SSP)

£109.40 pw for 28 weeks subject to earnings (average £123 per week)

Minimum Wage from April 2023

Workers aged 23 and over (National Living Wage)              £10.42/hour

Workers aged 21–22                                                               £10.18/hour

Workers aged 18–20                                                               £7.49/hour

Workers aged 16-17                                                               £5.28/hour

Apprentices under 19, or over 19 and in first year                 £5.28/hour

 

 

 

PROFILE

Chris Moses LLM Chartered FCIPD is Managing Director of Personnel Advice & Solutions Ltd.  He is a Chartered Fellow of the Chartered Institute of Personnel and Development, and has a Master’s Degree in Employment Law.

If you have any questions regarding these issues please feel free to contact him on (01529) 305056 or email p.d.solutions@zen.co.uk

www.personneladviceandsolutions.co.uk