What’s Coming in 2024

The following is a summary of what we know so far of what is coming in during 2024.

January 2024

  • The right to claim indirect discrimination by association.
  • An amendment to guidance on the definition of disability.
  • A ‘single source’ test for establishing an equal pay comparator.
  • Discriminatory statements made about not wanting to recruit people with certain protected characteristics.
  • Breastfeeding now falls under the protected characteristic of sex.

The change applies for holiday years beginning on or after 1st April 2024

Rolled-up holiday pay will be an option for employers calculating and paying holiday pay for irregular hours workers and part-year workers.

Makes it clear it remains part of UK law, post Brexit to allow carry over of:

  • statutory leave to the following year if a worker is unable to take it due to maternity/family related leave; and
  • where the worker has not been given opportunity to take the leave or the employer has failed to inform them that any leave not taken, and which cannot be carried over, will be lost.

Defines ‘normal remuneration’ for the purposes of holiday pay to include commission and regular overtime payments that have regularly been paid in the 52 preceding weeks. Applies to 4 weeks of pay remaining contractual, e.g. 1.6 can be paid at basic pay.

The change applies for holiday years beginning on or after 1st April 2024

Entitlement will be calculated at 12.07% of hours worked in a pay period.

Businesses will now be allowed to consult their employees directly if there are no existing representatives. Applies to:

  • Organisations with fewer than 50 employees transferring any number of employees or where the transfer affects less than 10 employees.

On 22 January 2024, subject to Parliamentary approval, the civil penalty to a company when they are found to have employed foreign workers unlawfully will increase to:

  • £45,000 per illegal worker for a first breach.
  • £60,000 for repeated breaches.

The draft Code of practice on preventing illegal working also comes into force on 22 January 2024. It sets out how an employer can establish a statutory excuse for right to work checks.

April 2024

Rates of national minimum wage (1 April), statutory maternity pay and other statutory family related leave payments (7 April) and statutory sick pay (7 April) increase.

1st April 2024
1st April 2023

Family friendly payments (per week): £184.03

Statutory Sick Pay (per week): £116.75

The Act will extend this existing redundancy protection for a period of 18 months from the birth/adoption of the child.

Introduce a new entitlement of one weeks unpaid leave per year for employees who are providing or arranging care for a dependent with a long-term care need. It is a day one right.

  • The Regulations remove the requirement that an employee must have 26 weeks service to be able to make a request for flexible working.
    • The change makes the right to request flexible working a day one right.
  • Additionally, employers will be required to consult with their staff before rejecting a flexible working request.
  • Employees will be able to make two flexible working requests in any 12 month period.
  • Employers to respond within 2 months.
  • Employees do not have to set out how much the effects of their flexible working request might be dealt with by their employer.

This will be changed to either two consecutive weeks of leave or two separate blocks of one week of leave; extended to take within 52 weeks.

July 2024

The Employment (Allocation of Tips) Act 2023 is expected to be brought into force. This imposes new obligations on employers to ensure that 100% of tips are paid to workers in full without deductions and that the allocation is what the legislation describes as ‘fair’.

September 2024

Will give workers and agency workers the right to request a predictable work pattern.

It will apply to workers whose existing working patterns lack certainty in terms of hours or times they work and to those on a fixed-term contract of 12 months or less. It will also apply to agency workers.

October 2024

Will come into force on 26 October 2024 and provides employers with a duty to take reasonable steps to prevent sexual harassment of their employees:

  • Re-introduces protection from third party harassment.
  • 25% compensation uplift where the employer is found to have breached the new duty.
  • Not limited to sexual harassment, but also covers the other related protected characteristics.

April 2025

Provides 12 weeks unpaid leave per year as a day one right but requires 26 weeks service to receive Statutory Neonatal Care Pay (SNCP) for this period. It is paid to the parents of a child who is receiving, or has received, neonatal care.

Employees with at least 26 weeks service will be entitled to neonatal care leave pay at the prescribed rate.