Recent Changes

Date

 Planned and Expected Changes

1 October 2024

Allocation of Tips – This requires 100% of tips to be allocated to staff and for tips to be shared fair between staff.

For guidance and templates, see the Allocation of Tips page.

26 October 2024

Sexual Harassment - This introduced a positive duty for employers to prevent sexual harassment in the workplace. Employers have to take reasonable steps to prevent sexual harassment, and failure to do so can incur an uplift in compensation awarded by a tribunal by 25%.

For guidance and templates, see Sexual Harassment – the Preventative Duty and Bullying and Harassment.

Date Implemented

18 July 2024

Fire and re-hire code of practice – a new code of practice on fire and re-hire was introduced setting out the employer’s responsibilities when seeking to change an employee’s terms and conditions by way of dismissal and re-engagement (or “fire and re-hire” as it is often termed). It recommends that the practice should be used as a last resort. Failure to comply with the Code does not give rise to a standalone claim. However, where an employer fails to take the Code into account, an employment tribunal will have the power to apply an uplift of up to 25% to compensation awarded in a relevant claim such as unfair dismissal.

For further information, visit the section on Contracts of Employment and the Changing Terms page.

1 July 2024

TUPE – an amendment to the Transfer of Undertakings (Protection of Employment) 2006, extended an exemption relating to consultation whereby if there is no existing trade union or elected representation is in place employers may consult directly with employees where: 

• the business employs fewer than 50 employees, or,
• for businesses of any size, where fewer than 10 employees are affected. 

6 April 2024

Flexible working – This introduced the right to make a flexible working request from day one of employment. Previously, employees needed to have 26 weeks continuous service to exercise this right.

In addition to this, an employee can now make 2 requests in any 12-month period.

For more details, visit the section on Family Friendly and the Flexible Working page.

6 April 2024

Carers Leave – This introduced an entitlement to request up to 1 weeks unpaid leave to care for and/or arrange care for a dependent with long-term care needs. This is a day one right.

For more details, visit the section on Family Friendly and the Carers Leave page.

6 April 2024

Paternity leave – Allows eligibility employees to request paternity leave as either 2 weeks together or 2 separate blocks of one week.

In addition to this, the time employees have to take this leave has been increased from 56 days to 52 weeks from the actual birth of the child or placement.

For more details, visit the section on Family Friendly and the Paternity Leave page.

6 April 2024

Maternity and redundancy protection - Before you can make employees who are pregnant or returning from maternity, adoption or shared parental redundant, redundancy protection regulations will require an employer to give that employee first refusal on a suitable alternative vacancy where one exists. This gives employees on these types of leave priority access to redeployment opportunities over other redundant employees.

For more information, visit the Family Friendly and within the Redundancy section the Protection for Employees who are Pregnant or returning from Maternity, Adoption or Shared Parental leave page.

1 April 2024

Holidays for irregular hours and part-year workers – Various changes to calculating holiday for irregular and part-time workers. These included re-introducing the use of rolled up holiday in certain situations.

Please see the section on Holidays and the Calculating Holiday page for more information.