2023 saw more employment law related legislation making its way through Parliament than we have seen for many a year. It is in 2024 though that most of this new legislation is going to take effect with changes to holiday pay, TUPE, working time and amendments to the Equality Act 2010 due to come into force on 1 January. It should be noted though that certain of the holiday pay provisions will only apply in relation to leave years commencing on or after 1 April. The TUPE provisions will apply to TUPE transfers after 1 July 2024. Significant changes relating to business immigration, including increased penalties for illegally employing workers, will also come into force in early 2024.
Headlining the new employment rights being implemented in 2024, we have the new duty on employers to protect employees from sexual harassment in the workplace and the right to request flexible working becoming a day 1 right. National Living and National Minimum Wage will see significant increases in effect from April. In addition, the reduction of the qualifying age for National Living Wage to age 21 will have a significant impact on some businesses' wages bills. 2024 will also see legislation ensuring the fair allocation of tips.
Although some of the new "family friendly" rights being introduced or amended will not be in force until 2025, the right to unpaid carer's leave will come into force on 6 April 2024. Legislation covering the right to request a more predictable working pattern will follow slightly later in the year.
Particularly contentious issues in 2024 are likely to include the ongoing discord between the UK Government and the trade unions on a variety of new strike related legislation (both minimum service levels and the use of agency staff to cover striking workers roles) and issues relating to the protected characteristic of gender reassignment. With the supremacy of EU law over domestic law coming to an end on 31 December 2023, we may also see some EU derived rights being re-litigated.
Perhaps of most significance, it is expected that a general election will take place at some point in 2024. If the Labour party were to form the new UK Government, we already know that they intend to introduce an Employment Bill within their first 100 days in power. A green paper has been published setting out extensive changes they propose to make to employment rights including a day one right for unfair dismissal, banning zero-hour contracts and repealing and reviewing legislation relating to trade unions and striking. As such, 2024 could see the most significant shake up of employment law rights for many years.
For more detail on the above see our employment law timeline plus you can also register for free for our What to Expect in Employment Law in 2024 webinar which takes place on 11 January - see Registration (gotowebinar.com).
