New family-friendly legislation is set to come into force this year. There will be changes to flexible working, carer’s leave, maternity, adoption and shared parental leave. The new laws are explained below.
Flexible Working (Amendment) Regulations 2023
From 6 April 2024, the right to request flexible working will be granted to employees from their first day of service. This contrasts with the current requirement for 26 weeks’ continuous employment before an employee can make such a request.
Further, the regulations will:
- allow employees to make two flexible working applications every 12 months;
- remove the requirement for employees to explain what effect they think their flexible working request will have on the employer;
- require employers to consult with the employee before refusing their flexible working application; and
- require employers to respond to flexible working requests within two months.
Flexible working is something with which many employers have had to contend over the past few years. With many employers now requiring their employees to do more office working, there may be an increase in formal requests for flexible working. Employers will need to be mindful of the proposed changes when receiving requests from employees from April 2024.
Carer’s Leave Act (Commencement) Regulations 2023
Following the Carer’s Leave Act 2023 (Commencement) Regulations 2023 which brought the Act into force on 4 December 2023, there have been further draft Regulations presented in Parliament which set out the details of the right to take carer’s leave. These state that the right will come into force on 6 April 2024. They will allow employees with long-term caring responsibilities to be able to take five additional days of unpaid leave every year in order to provide or arrange care for a dependant with a long-term care need. The employee must give notice, which does not need to be in writing, and the leave must be taken at a minimum of half a working day at a time. This right will also be granted from day one of employment and aims to safeguard employees from detriment or dismissal related to taking, or intending to take, carer’s leave. Additionally, employers can defer a request if they reasonably believe it will excessively disrupt their business operations.
Employers should consider updating policies and creating a self-certification form for employees to complete. Employers may also wish to consider other ways in which carers can be supported in the workplace.
Further information on the changes can be found in our blog “Bills on neonatal care, carer’s leave and protection from redundancy during maternity, adoption and parental leave receive Royal Assent“.
Maternity Leave, Adoption Leave and Shared Parental Leave (Amendment) Regulations 2024
The Maternity Leave, Adoption Leave and Shared Parental Leave (Amendment) Regulations 2024 (the Regulations) are also due to come into force on 6 April 2024. They will act as an extension of the Protection from Redundancy (Pregnancy and Family Leave) Act 2023.
Currently, employees 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 others at risk of redundancy (where one is available).
As a result of the Regulations, this protection is extended to apply during pregnancy, and for a period of 18 months after the birth or placement for adoption for those taking maternity, adoption or shared parental leave. This means that, for example, if an employee takes 12 months’ maternity or adoption leave, the protection would continue to apply for six months after their return to work.
For protection to apply after shared parental leave, there is a minimum threshold of six weeks’ continuous leave.
Employers are advised to review their current policies and procedures in advance of April 2024 and ensure managers understand the practical impact of the changes. This may be a good opportunity to refresh training on family-friendly rights, including where they interplay with redundancy.
The Department for Business and Trade is also to release guidance concerning the Regulations and you can find their Explanatory Memorandum here.
