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Employment law changes are shaping the workplace landscape, and as HR and People professionals, it's important to stay on top of these developments to make sure you are both complying and providing the best support for your employees. In this guide, we’ll cover the key updates you need to incorporate into your policies to stay compliant with the latest employment legislation.

If you want to know more about the recent updates to employment law, check out our comprehensive article on all the changes here.

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Flexible working requests from day one of employment

A significant change in employment laws is the introduction of the “Day 1” right to request flexible working. Employees can now make flexible working requests from their first day of employment. Previously, they had to wait until they had completed a 26-week qualifying period. You’ll need to update your flexible working policy to reflect this change and make sure that your team understands the new rules.

Additionally, employees can now submit two flexible working requests in a 12-month period. As an employer, you are required to consult with employees before refusing a request. This consultation process is a critical duty on employers to ensure fair and transparent decision-making.

Protection from redundancy for pregnant employees and parents

Protection against redundancy has been extended beyond pregnant employees to include those on maternity leave, adoption leave, and shared parental leave. This protection now lasts for up to 18 months after the birth or adoption of a child. If your company is facing redundancy situations, you need to offer suitable alternative employment to these employees before others.

This extension provides additional protection for parents and carers, reducing their risk of redundancy. Update your redundancy policy to clearly outline this protection from redundancy and specify the duty on employers to prioritise employees who fall under these categories.

Carer’s leave and support for unpaid carers

New legislation has introduced the right to one week of unpaid carer’s leave each year for eligible workers who have a dependant in need of care. This leave is available to employees who have completed their probationary period. Update your leave policies to include this entitlement and inform employees about their right to request carer’s leave.

Your policy should also clarify that the request for carer’s leave must be processed promptly and that carers are protected from unfair dismissal for taking this leave. Providing guidance for managers on how to handle these requests is important to make sure that everyone feels supported.

Changes in paternity leave and neonatal care leave

Paternity leave has seen some flexibility, allowing employees to take it in two separate blocks within the first year of their child’s birth. Additionally, the notice period for paternity leave has been reduced to 28 days before the expected week of childbirth.

Neonatal care leave is another important update. Parents of babies who need neonatal care will be entitled to statutory leave and pay during this period. Your maternity and paternity leave policies should be updated to include these new rights, making sure that employees are well-informed of their entitlements.

Rolled-up holiday pay for part-year and irregular-hours workers

This recent change impacts the way holiday entitlement is calculated for part-year workers and those with irregular hours. The introduction of rolled-up holiday pay makes sure that these workers receive their holiday pay throughout the year rather than as a lump sum at the end of their employment. This change requires an update to your holiday pay calculations and payroll processes.

It’s also important to clarify in your contracts that rolled-up holiday pay is a contractual term and is compliant with the new legislation. You should consider reviewing the status of workers under these contracts to make sure they meet the current requirements and are eligible for the appropriate statutory payments.

Gender pay gap reporting and proactive duty

Employers are now under a proactive duty to address the gender pay gap within their organisations. This means more than just reporting; it requires taking steps to reduce the gap and promote gender equality in the workplace. Review your company’s gender pay gap reporting processes and make sure that your policies reflect this proactive duty.

A good way to go about this is by introducing new measures to support women in the workplace, like enhanced maternity leave or flexible working options. Additionally, make sure your reports account for different age bands and are reflective of the entire workforce.

Non-compete clauses and employment status clarification

Changes in secondary legislation have placed stricter limits on the use of non-compete clauses in employment contracts. These clauses should be reasonable in scope and duration to avoid being challenged in employment tribunals.

It's important to clarify employment status within your contracts, especially for agency workers, to make sure they receive the correct rights and protections. Your policies should reflect these updates and specify the employment status of all workers, whether they are full-time employees, agency workers, or part-time staff.

Updates on minimum wage and national living wage

The national living wage and minimum wage rates have been updated, reflecting the rising cost of living. Make sure that your payroll systems are adjusted to comply with these new rates, and review your pay structures so that all eligible workers are paid at least the minimum wage.

Stay informed about the changes in the compensatory award and earnings limit for unfair dismissal claims, which can impact the potential costs your company might face in case of employment disputes. The new rules also clarify the application of minimum wage rates to workers on fixed-term contracts and during trial periods.

Time limits and basic awards for unfair dismissal claims

Employment tribunals have revised the time limits for bringing unfair dismissal claims. Additionally, the basic awards and compensatory awards for these claims have been updated. Your HR team should be aware of these changes to advise employees correctly and manage risks effectively.

Unfair dismissal protection has been reinforced, particularly for employees with continuous service and those facing statutory redundancy payments. Make sure that your policies and procedures for handling dismissals are up-to-date and legally compliant.

Predictable working patterns and contractual terms

The introduction of legislation requiring employers to provide predictable working patterns for employees means that you need to review and update your contracts. This legislation applies particularly to employees on zero-hours contracts, fixed-term contracts, or those with irregular working hours.

Your employment contracts need to include clear and predictable terms for working hours, pay, and conditions. This will help prevent disputes and provide your employees with more job security. Additionally, you can consider the 12-week reference period when calculating holiday entitlement for part-year and irregular-hours workers.

Collective consultation obligations and employment relationships

Employers should also be mindful of collective consultation obligations in redundancy situations. These obligations require you to consult with employees or their representatives before making decisions that could affect the employment relationship, particularly in cases involving large-scale redundancies or changes to term contracts.

Review your collective consultation procedures and make sure they are compliant with the latest employment legislation. This will help mitigate the risk of redundancy claims and ensure a fair process for all parties involved.

Staying compliant with the latest employment legislation is not just about following the law; it’s about creating a workplace where your employees feel supported and valued. By updating your policies to reflect these changes in employment laws, you’ll not only protect your organisation from potential legal challenges but also create a positive and inclusive work environment for your employees.