Recent amendments in legislation focus on enhancing flexible working rights and redundancy protections.
- The Flexible Working (Amendment) Regulations 2023 establish that flexible working requests become a “day one” right.
- New laws also introduce the right to carer’s leave, allowing employees to take unpaid leave for dependents.
- Enhanced redundancy protections extend to employees returning from maternity, adoption, or parental leave.
- Businesses need to adapt their policies and processes to align with these changes.
On 6 April 2024, the Flexible Working (Amendment) Regulations 2023 come into effect, significantly altering the landscape of employment rights by granting employees the ability to request flexible working from their first day of employment, rather than after 26 weeks. Furthermore, the obligation for employees to explain the anticipated impact of their request on their employer has been removed, allowing greater freedom in how these requests are framed. Employees are now permitted to submit two requests in a 12-month period, with employers required to respond within two months.
In parallel, the Carer’s Leave Act 2023 introduces a statutory right to one week of unpaid carer’s leave annually. This provision is designed to assist employees who need to provide or arrange care for a dependent with a long-term care requirement, defined as a condition lasting more than three months, a disability as recognised under the Equality Act 2010, or an age-related necessity. Importantly, this leave can be taken flexibly, either in single days, half days, or as a full week, and applies across England, Wales, and Scotland.
The new draft Maternity Leave, Adoption Leave, and Shared Parental Leave Regulations 2024 expand existing protections, ensuring that employees who are pregnant or returning from parental leave are offered suitable alternative employment during redundancy processes. This protection now activates as soon as an employee notifies their employer of their pregnancy and extends up to 18 months post the expected week of childbirth or adoption. This change mandates businesses to exercise particular care in handling sensitive information about an employee’s pregnancy status.
Businesses are urged to revise their HR strategies to accommodate these legislative updates. It is crucial for them to evaluate their flexible working policies to prevent the inadvertent formation of a ‘two-tier’ working system. By recognising and supporting employees with caring responsibilities, companies can decide whether to extend beyond statutory requirements, such as by offering paid leave. They must also ensure that personnel managing redundancy outcomes are well-informed of these updated protections, safeguarding sensitive personal data effectively.
These legislative advancements signal a significant shift towards a more inclusive and accommodating work environment.
