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New year - employment law updates
In our previous newsletter we noted several updates in employment law including changes to working time, TUPE, and data protection.
This month sees more updates announced including:
Protection from redundancy during or after pregnancy or periods of family leave
The Maternity Leave, Adoption Leave and Shared Parental Leave (Amendment) Regulations 2024 propose extending the period of special protection from redundancy for employees who are on maternity leave, adoption leave or shared parental leave.
Parents on maternity leave, adoption leave or shared parental leave should be offered any suitable alternative employment in a redundancy situation. The protection will apply for 18 months from either the expected week of childbirth or the placement for adoption. The same applies to Shared Parental Leave provided that the parent has taken a period of at least 6 consecutive weeks leave. The protected period can be changed in certain circumstances.
This means that for the first time the protected period applies both during pregnancy and after Statutory Maternity Leave has ended. The extended period applies where the employer is notified of the pregnancy or the applicable leave ends on or after 6th April 2024.
The draft Regulations may be amended as they pass through parliament.
Carer's Leave
The Carer’s Leave Regulations 2024 are expected to come into force on 6th April 2024. The regulations introduce a day one right for carers to submit a written request for one week's unpaid leave in a 12 month period. Although the unpaid leave does not need to be taken consecutively, employees must give notice, which is either twice as many days as the period of leave required, or three days, whichever is the greater.
The employer can postpone the leave if there is a legitimate reason but must then allow the leave to be taken within one month of the of the leave date originally requested.
As with other rights employees are protected from detriment and dismissal because they take, or seek to take, carer’s leave (or the employer believes they are likely to do so).
Flexible working
The Flexible Working (Amendment) Regulations 2023 make the right to request flexible working a Day One right, for requests made on or after 6th April 2024.
CONTACT US
If you are an employer, or employee who needs guidance on any of the above matters, we are here to help. Please do not hesitate to contact our Employment Law Team on 01522 814638, or make an enquiry here.