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Employment

April 2024 changes - redundancy, maternity and flexible working

Last updated: 18 April 2024 at 14:10:00 UTC by Andrew Everard

COUNCIL NEWS

APRIL 2024

Redundancy and Maternity

Mum’s returning from Maternity Leave have accrued new rights to be protected from being made redundant, from April 2024.

Once an expecting Mother informs the Council that they are pregnant they automatically get first choice of any vacancies, should their post be at risk of redundancy.

Similarly new Mothers returning from Maternity Leave are entitled to first choice of any posts for up to 18 months after their child’s birth or adoption date, if their post is at risk of redundancy.

The current position

The changes

When does the change take effect?

Pregnancy

No protection

Protected from the date the employee informs the Council of her pregnancy for the full period of pregnancy

Where the Council is informed of the pregnancy on or after 6 April 2024

Maternity leave

Protected during the period of absence on maternity leave only

Protected for 18 months from the first day of the estimated week of childbirth (EWC). The 18-month period can be altered to start from the child’s actual date of birth where the employee informs the Council in writing of the actual date during their maternity leave period.

Where the maternity leave ends on or after 6 April 2024

Adoption leave

Protected during the period of absence on adoption leave only

Protected for the period of 18 months from the date of placement for adoption.

Where the adoption leave ends on or after 6 April 2024

Shared parental leave

Protected during the period of absence on shared parental leave only.

Protected for 18 months from birth/placement for adoption provided that the employee has taken a period of at least six continuous weeks of shared parental leave. This protection will not apply if the employee otherwise has protection under either the maternity or adoption provisions above.

Protected during period of absence on shared parental leave only (as now) if fewer than 6 consecutive weeks of leave are taken.

Where the period of six continuous weeks of shared parental leave starts on or after 6 April 2024

Where an employee suffers a miscarriage before 24 weeks of pregnancy, they will have protection during their pregnancy and for a two-week period following miscarriage. If they miscarry after 24 weeks of pregnancy this is classed as a still birth and they are entitled to maternity leave and will have the same protection as any other employee taking maternity leave.

April Changes to Flexible Working Requests

The changes are:

· Employees can now make two (not one) flexible working requests in any 12-month period.

· Requests have to be dealt with by the Council within two (not three) months of receipt of a request if no extension is agreed.

· Councils are not able to refuse a request until they have ‘consulted’ with the employee.

· Employees will no longer, in their application, have to explain what effect the employee thinks agreeing to the request would have and how any such effect might be dealt with.

Statutory Payment Rates from April 2024

Shared Parental Pay (ShPP)

Statutory rate of £184.03 or 90% of employee’s weekly earnings if lower.
Maternity Pay (SMP)

6 weeks at 90% of average weekly earnings. Then statutory rate of £184.03 or 90% of employee’s weekly earnings if lower.
Adoption Pay (SAP)

6 weeks at 90% of average weekly earnings. Then statutory rate of £184.03 or 90% of employee’s weekly earnings if lower.
Paternity Pay (SPP)

Statutory rate of £184.03 or 90% of employee’s weekly earnings if lower.
Parental Bereavement Pay (SPBP)

Statutory rate of £184.03 or 90% of employee’s weekly earnings if lower.

Statutory Sick Pay (SSP)

£116.75 pw for 28 weeks subject to earnings (average £123 per week)

Minimum Wage from April 2023

Workers aged 21 and over (National Living Wage) £11.44/hour

Workers aged 18–20 £8.60/hour

Workers aged 16-17 £6.40/hour

Apprentices under 19, or over 19 and in first year £6.40/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