Upcoming Employment Legislation Changes in 2024 and Potential Government Impact
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2024 is shaping up to be a significant year for employment law, with multiple new regulations set to take effect. However, the recent change in the UK government following the general election on July 4th may influence the implementation and enforcement of these laws. This overview highlights the key legislative changes scheduled for the latter half of 2024 and discusses how the new government could impact these developments.
Key Dates and Changes in Employment Law for 2024
1 July 2024: TUPE Consultation Duties Relaxed
Changes to TUPE Regulations
The Employment Rights (Amendment, Revocation, and Transitional Provision) Regulations 2023 will introduce significant changes to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE). These reforms, effective from 1 July 2024, will ease consultation requirements for smaller businesses. Key points include:
- Employers with fewer than 50 employees or fewer than 10 transferring employees can inform and consult directly with employees without the need to elect representatives.
Potential Impact of Government Change: The new government may review these regulations to ensure they align with their broader economic and employment policies. While the changes are set to benefit small businesses, any alterations or delays could affect how these regulations are applied in practice.
18 July 2024: Code of Practice on Fire and Rehire
New Code of Practice
A new statutory code of practice on dismissal and re-engagement (commonly referred to as ‘fire and rehire’) will be enforced starting 18 July 2024. The Code of Practice (Dismissal and Re-engagement) Order 2024 mandates that employers should:
- Follow specific steps outlined in the code when proposing contract variations.
- Avoid dismissals and re-engagement unless absolutely necessary.
Potential Impact of Government Change: Depending on the new government's stance on employment protections, there could be increased scrutiny or adjustments to this code. Employers should stay informed about any potential revisions to ensure compliance.
September 2024: Right to Request a Predictable Work Pattern
Predictable Work Patterns Legislation
The Workers (Predictable Terms and Conditions) Act 2023 is anticipated to come into force around September 2024. This act grants workers the right to request a more predictable work pattern under the following conditions:
- Minimum Length of Service: Expected to be 26 weeks of continuous service.
- Lack of Predictability: Applies to workers with unpredictable work patterns, such as zero-hours contracts or fixed-term contracts of 12 months or less.
- Work Pattern Changes: Requests can relate to the number of hours worked, days of the week, times of day, or the length of the contract.
- Purpose of Request: Must aim to achieve a more predictable work pattern.
- Request Frequency: Workers can make up to two requests per year, including flexible working requests.
Employers can reject requests on statutory grounds, similar to the flexible working regime, but must follow proper procedural guidelines.
Potential Impact of Government Change: The new administration might support or oppose the predictability provisions based on their labor market policies. Any delays or modifications could impact workers' ability to request predictable schedules.
October 2024: Fair Distribution of Tips and Sexual Harassment Prevention
Distribution of Tips
The Employment (Allocation of Tips) Act 2023, alongside its accompanying code of practice, is expected to come into force in October 2024. This legislation ensures that tips, gratuities, and service charges are fairly and transparently distributed among staff.
Potential Impact of Government Change: If the new government prioritizes business flexibility over worker protections, there could be changes or delays in implementing this act. Monitoring the legislative agenda will be crucial for employers and employees alike.
Preventing Sexual Harassment
The Worker Protection (Amendment of Equality Act 2010) Act 2023, effective from 26 October 2024, introduces a mandatory duty for employers to take reasonable steps to prevent sexual harassment in the workplace. Key provisions include:
- Employers must implement measures to prevent sexual harassment.
- Employment tribunals can increase compensation awards by up to 25% if an employer fails to meet this duty.
Potential Impact of Government Change: The enforcement of this act may depend on the new government’s commitment to workplace equality and safety. Employers should prepare for compliance but remain alert to any policy shifts that could alter enforcement strategies.
Conclusion
The recent change in the UK government introduces an element of uncertainty regarding the upcoming employment legislation changes in 2024. While the outlined regulations are scheduled to come into effect, the new administration’s policies could influence their implementation and enforcement. Employers and employees should stay informed about potential legislative adjustments and ensure they are prepared for any changes that may arise.
