April 2024 / United Kingdom

April 10 2024

UK: employment laws are changing

Several changes to UK employment law take effect from 6 April 2024. 

These changes come from several pieces of legislation passed in the last two years. 

All these changes apply to England, Scotland and Wales, but not Northern Ireland where employment law is devolved. 

Changes to flexible working 

Employees can now make two rather than one request a year for flexible working, and the deadline for employers to respond to requests has been reduced from three to two months.  

Employers will also have to explain the reasons for denying any request, and employees no longer have to explain the impact of their request. However, the list of reasons employers can use to deny requests is remaining the same, including factors such as cost to the business or impact on quality, performance or ability to meet customer demand. 

These changes were made through the Employment Rights (Flexible Working) Act 2023Through a separate piece of secondary legislation, employees will also be able to make such requests from their first day of employment, without having to wait the 26-week qualifying period. 

Carer’s leave 

Employees are now entitled to take one week of unpaid leave a year if they have caring responsibilities. 

This applies to any employees who are caring for a spouse, civil partner, child, parent or other dependant who needs care because of a disability, old age or any illness or injury likely to require at least three months of care. The leave entitlement is available from the first day of employment with no qualifying period. 

This entitlement was created by the Carer’s Leave Act 2023 and the associated Carer’s Leave Regulations 2024

Increased protection against redundancy for pregnant employees 

Employees taking certain types of parental leave now have protection from redundancy for at least 18 months. This protection means that if their role is made redundant their employer must give them first refusal of any other vacancies; however, they can still be made redundant if no appropriate vacancy is available. Previously, employees only had this protection during their period of maternity, adoption or shared parental leave.  

Protection now begins on the day the employer is first notified of the employee’s pregnancy and ends 18 months after the date of the child’s birth. These protections also now extend to 18 months after the date of adoption for parents taking adoption leave or 18 months after the child’s birth in cases where a parent is taking at least six weeks of shared parental leave. 

These changes were made by the Protection from Redundancy (Pregnancy and Family Leave) Act 2023, and the Maternity Leave, Adoption Leave and Shared Parental Leave (Amendment) Regulations 2024 

More flexibility for paternity leave 

Employees taking statutory paternity leave (and pay, if they are eligible) can now split their two weeks’ entitlement into two separate one-week blocks, rather than having to take them both together. They can also take their two weeks at any time within the first year after their child’s birth, rather than within only the first eight weeks after birth as previously required. 

Employees now have to give employers 28 days’ notice for each week of leave, down from 15 weeks’ notice previously, before taking leave. However, they still need to give notice of their upcoming entitlement 15 weeks before the expected date of birth. 

These changes were made by the Paternity Leave (Amendment) Regulations 2024. 

Source: gov.uk

May 7 2024

UK: Paternity pay and leave

The amount of leave an individual can take depends on when the baby is due.

If the baby is due before or on 6 April 2024, or before 6 April 2024 for adoptions

You can choose to take either 1 or 2 weeks’ leave. You must take your leave in one go. You get the same amount of leave even if you have more than one child (for example, twins).

A week of leave is the same amount of days that you normally work in a week. For example, if you only work on Mondays and Tuesdays, then a week of leave is 2 days.

Your leave cannot start before the birth. It must end within 56 days of the birth (or due date, if the baby is early). The start and end date rules are different if you adopt.

You must give your employer 28 days’ notice if you want to change your start date.

You do not have to give a precise date when you want to take leave. Instead you can give a general time, such as the day of the birth or one week after the birth.

If the baby is due after 6 April 2024, or on or after 6 April 2024 for adoptions

You can take either 1 or 2 weeks’ leave. If you choose to take 2 weeks, you can take them together or separately. You get the same amount of leave even if you have more than one child (for example, twins).

A week of leave is the same amount of days that you normally work in a week. For example, if you only work on Mondays and Tuesdays, then a week of leave is 2 days.

Your leave cannot start before the birth. It must end within 52 weeks of the birth (or due date, if the baby is early). The start and end dates rules are different if you adopt.

You must give your employer 28 days’ notice if you want to change your start date.

You do not have to give a precise date when you want to take leave. Instead you can give a general time, such as the day of the birth or one week after the birth.

There are different rules if you live in Northern Ireland.

Shared Parental Leave

You may also be eligible for Shared Parental Leave (SPL). You cannot take Paternity Leave after you take SPL.

Leave for antenatal appointments

You can take unpaid leave to accompany a pregnant woman to 2 antenatal appointments if you’re:

  • the baby’s father
  • the expectant mother’s spouse or civil partner
  • in a long-term relationship with the expectant mother
  • the intended parent (if you’re having a baby through a surrogacy arrangement)

You can take up to 6 and a half hours per appointment. Your employer can choose to give you longer.

You can apply for leave immediately if you’re a permanent employee. You’ll need to have been doing a job for 12 weeks before you qualify if you’re an agency worker.

Leave for adoption appointments

You can take unpaid leave to attend 2 adoption appointments after you’ve been matched with a child.

You can take up to 6 and a half hours per appointment. Your employer can choose to give you longer.

You can apply for leave immediately if you’re a permanent employee. You’ll need to have been doing a job for 12 weeks before you qualify if you’re an agency worker.

Source: gov.uk