1. Flexible Working Requests

As of 6th April 2024, employers need to give serious consideration to any Flexible Working Requests that are received from employees. Employees also do not now need to explain how their request would impact the business.

• Requests from Day 1
  Employees can put in Flexible Working Requests from day 1 rather than after 26 weeks of continuous service. Two requests may be made in any 12-month period, and employers must also respond to requests within 2 months of receiving them, instead of the previous 3 months deadline.
• Can I decline a request?
  Employers now have to give an explanation for denying a Flexible Working Request. You don’t have to grant Flexible Working Requests if you feel it will detriment business operations or is not practical to the role the employee holds (e.g. some positions cannot work from home as they are customer-facing), however you must be seen to have considered the request and have
  also explored alternative arrangements that will suit both you and the employee before declining.

3. Pregnancy and Maternity Protection from Redundancy
If a redundancy situation arises, employers are not able to dismiss or select an employee for
redundancy in preference of other comparable employees if they are pregnant or on maternity
leave, or for up to 6 months after the date they returned from maternity leave.

• What if an employee’s role is at risk of redundancy?
  Other employees who are at risk at redundancy continue through the usual process. However, employees who are pregnant, on maternity leave, or have returned from maternity leave and are still within 6 months of the date they returned to work, cannot be considered for redundancy and must be offered a suitable alternative role in the company if one is available.
• What if an employee is no longer pregnant?
  In the unfortunate situation of stillbirth, if the foetus reached 24 weeks or more, then the above maternity protections, plus maternity leave and maternity pay, apply. There currently is no protection or statutory benefits such as maternity leave or maternity pay for pregnant employees whose foetuses do not reach 24 weeks.

4. Carer’s Leave
Employees with caring responsibilities are now able to take unpaid leave. This is a day 1 right and enables employees to take up to 1 week’s unpaid leave every 12 months, to care for a family member or dependant who needs care due to a disability, old age or an illness/injury that is likely to require at least three months’ care

• How long are they entitled to?
  Employees with caring responsibilities are entitled to up to 1 week – however this I pro rata and based on what an average working week is for them. Therefore, if someone works part-time on 3 days a week, they can take up to 3 days of carer’s leave. This week can been taken in one block or as individual or half-days throughout the year. Carer’s leave is only applicable per employee, not per dependant.
• Can I decline a request for carer’s leave?
  An employer can’t deny an employee’s request for carer’s leave however if you felt that business operations would be unduly disrupted if this leave was taken at the time requested, then you can postpone the period of leave until a reasonable time when it would not.
• Is parental leave different?
  Yes, parental leave is different to carer’s leave. Speak to We do HR about this

5. Illegal Worker Fine Increased
As of 13th February 2024, if companies are found to have employed workers who are not legally allowed to work in the UK, they will be fined £45,000 per illegal worker. This is a huge increase of the previous £20,000 fine brought into effect in 2014 and is your reminder to ensure your company’s right to work checks are up to date.

• What are Right to Work Checks?
  Every employee must complete right to work checks to ensure they are legally allowed to work in the UK. Employees who are not British Nationals may be on a work permit with limited time in the UK, or only in certain jobs; others may have settlement agreements that enable them to work in the UK indefinitely. If you’re unsure, contact We do HR for a current checklist that will make managing right to work checks an easier process for you.
• What do I need to do?
  Employers are responsible for carrying out right to work checks – these must be completed when an employee first starts with you. Some employees require repeated checks for eligibility to work in the UK and others do not. Contact We do HR and look on Gov.uk for more information. If employees refuse to provide the documents, or can give no valid reason why they can’t provide them at the time of asking, contact We do HR on what to do next. If an employee has moved house since the last check, remind them that they should update you in case any documents need to be posted to them