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If all of the Government's UK legislation plans are rolled out as expected this year, 2024 looks like businesses will see quite a few updates and changes to employment legislation.
Whether you employ a few people, or a workforce of thousands, every organisation has a responsibility to understand and swiftly implement UK legislation changes in a timely manner. To keep you up-to-date, we’re sharing everything we know so far.
Every effort has been taken to ensure this information is accurate and correct at the time the article was published, but as can be expected the Government may adjust timescales during 2024 as plans progress.
Working Time Regulations 1998
Changes to the working time regulations now permit rolled-up holiday pay where workers have irregular hours and for part-year workers. As well as incorporating the ‘normal remuneration’ EU provision, including regular overtime and commission into UK holiday pay. Workers will also no longer need to keep daily working time records, provided the employer can demonstrate compliance without them.
This came into effect from 1st January 2024.
TUPE - Transfer of Undertaking (Protection of Employment) Regulations 2006
Where TUPE is proposed in an organisation with less than 50 employees or fewer than 10 transferring employees, consultation can now be made directly with employees where there is no existing representation.
This came into effect from 1st January 2024.
Illegal work civil penalty charges
Once in effect, where employers are found to have employed illegal workers, they can face fines of up to £45,000 per illegal worker. Repeated breaches will result in fines up to £60,000 per illegal worker increasing the cost of both fines to act as a greater deterrent.
The planned date for this coming into effect is 22nd January 2024.
IR35 off-payroll working
Legislation was introduced in the Autumn Finance Bill 2023 that will see a reduction in the PAYE liability of a deemed employer where an error is made applying the off-payroll working rules. This will allow the taxes paid by the worker and their intermediary on payments received to be accounted for, offsetting it against the outstanding tax bill. Ending concerns around the ongoing double taxation issue.
The planned date for this coming into effect is 6th April 2024.
Construction Industry Scheme
The Government plans to introduce a reform to update the Gross Payment Status (GPS) test. Including VAT as part of the compliance test for GPS and also giving power to remove GPS immediately where fraud is discovered. Other measures designed to simplify the scheme will also be reviewed through a technical consultation in the coming months.
The planned date for this coming into effect is 6th April 2024.
The Flexible Working (Amendment) Regulations 2023
A change laid out in Parliament in December will remove the requirement for employees to have worked a minimum of 26-weeks continued service before they are eligible to request flexible working. Instead, this will become a day-one right.
The planned date for this coming into effect is 6th April 2024.
Protection from Redundancy (Pregnancy and Family Leave) Act 2023
Extending redundancy protection to those employees who are pregnant, or on maternity/adoption/shared parental leave. Where an employee informs their employer they are pregnant on or after 6th April 2024, redundancy protection will start. Where employees are entitled to maternity/adoption/shared parental leave, the protection period will end 18 months after the expected week of date of placement/childbirth. Those on share parental leave must take six or more consecutive weeks leave to be eligible for the additional protection.
The planned date for this coming into effect is 6th April 2024.
Employment Relations (Flexible Working Act) 2023
From July employees will be able to make two flexible working provision requests each year, where currently they can only make one. Employees will also no longer need to explain the effect on the business this request would have. Employers will be required to make a decision on the request within two months, and requests cannot be refused without first consulting with the employee.
The planned date for this coming into effect is July 2024.
Workers (Predictable Terms and Conditions) Act 2023
Introducing a new statutory right for workers (including agency workers) to request a more predictable working pattern, where they have completed at least 26 week’s service.
The planned date for this coming into effect is September 2024.
Worker Protection (Amendment of Equality Act) Act 2023
Having already received Royal Assent, this is a new obligation for employers to ensure they have taken reasonable steps to prevent employees from sexual harassment during the course of their employment.
The planned date for this coming into effect is October 2024.
Want to check your supply chain is compliant?
Our sister company Linx, part of the NRL Group, supports businesses with a range of workforce solutions and insight, including supply chain auditing. Working with organisations to devise an external auditing process that comprehensively assesses their supply chain, ensuring that UK employment legislation and taxation requirements are met and highlighting any areas for improvement.