Tag: Acas

Day 1 Right To Request Flexible Working

655 words, 3 minutes read time.

Survey Reveals Lack of Awareness

A recent survey conducted by Acas has found that 7 out of 10 employees (70%) are unaware of their new right to request flexible working from the very first day of their job starting next year. This significant change in the law will allow employees to ask for flexible working arrangements as soon as they commence employment. Currently, this right is only available to employees who have worked for their employer for 26 weeks or more.

A Code of Practice for a Smooth Transition

To facilitate this transition and provide guidance, Acas will be producing a new statutory Code of Practice on handling requests for flexible working. This code will support both employers and employees in understanding and navigating these changes, which will be implemented next year.

According to Susan Clews, the Chief Executive of Acas, the global shift towards flexible working has already had a positive impact on work-life balance for many individuals. Employers have also benefited from being perceived as attractive places to work. Clews emphasizes the importance of everyone being prepared for the new changes to the law and highlights the recent consultation on a new draft Code of Practice that strengthens good practice in flexible working. The final version of the new Code will be published next year.

Effective Date and Additional Reforms

The right to request flexible working from day one will come into force on April 6, 2024. Alongside this change, the Employment Relations (Flexible Working) Act 2023 outlines additional reforms related to flexible working, which are also expected to be implemented at the same time.

Other Legislative Updates

Carer’s Leave

Draft regulations have been published, detailing the operation of the new statutory right to carer’s leave, which will be effective from April 6, 2024. The key points from these regulations include:

Employees with dependents requiring long-term care are entitled to up to one week of unpaid leave within a 12-month period.

Leave can be taken in one continuous block or on separate days, but a minimum of half a day must be taken at a time.

Employees must comply with certain notification requirements, and there are limited circumstances where employers can postpone requested leave.

Employers cannot demand evidence in relation to a request for carer’s leave.

To comply with these regulations, employers will need to develop a carer’s leave policy and ensure their payroll and time & attendance systems are prepared.

Redundancy Protection for Certain Employees

Further draft regulations have been published to extend redundancy protections to a wider category of employees. This extension will cover:

Pregnant employees.

Employees who have returned from statutory maternity or adoption leave.

Employees who have returned from at least 6 consecutive weeks of statutory shared parental leave (and are not already covered by maternity and adoption protection).

These changes will apply to pregnant employees from the point of informing their employer about their pregnancy and eligible parents returning from maternity, adoption, or shared parental leave for 18 months after the expected week of
childbirth, the placement date for adoption, or the child’s birth.

Employers should be aware of these changes when planning restructuring exercises involving potential redundancies.

Significant Immigration Changes

The Home Secretary has announced major changes to key immigration routes with the aim of reducing net migration. The notable changes for employers include:

The minimum salary threshold for the Skilled Worker route will increase from £26,200 to £38,700.

There will no longer be a 20% reduction to the Skilled Worker minimum salary threshold for jobs on the shortage occupations list.

Overseas care workers will no longer be able to bring dependents with them under the Health and Care Worker visa route, following a similar approach to that of students.

These changes are expected to take effect in spring 2024. Employers should factor them into their recruitment planning and consider sponsoring workers at an earlier stage, or for a longer period, to adhere to existing lower salary thresholds.

NEWS AND VIEWS FROM OUR GENERAL SECRETARY

BUT WHO WILL BE SUBSIDISED? 

In what was hailed as “the most important bit of post-Brexit legislation yet” in a government statement to the BBC The Subsidy Control Bill has been published.

The government say it will “create a new system for subsidies that can enable key domestic priorities, such as levelling up economic growth across the UK and driving our green industrial revolution“.

It will replace the state aid rules that applied when Britain was part of the European Union (EU). Those rules require EU member states to seek approval for government assistance to firms so that there is a “level playing field” for capitalist competition.

In practice, this means a corrupt EU-wide system of favours and deals. National governments are allowed to subsidise some corporations in their own country so long as they support similar moves in other countries.

British governments often used the EU regulations as an excuse for not nationalising industries to protect jobs and workers’ wages. They said such moves would be blocked as “unfair competition”.

In 2019, for example, the Tories argued they could not nationalise British Steel because of the rules.

On the face of it good news for British workers. So why am I not celebrating? I just have no confidence that instead of moving to a more self-sufficient and participatory economy it will just mean more cash for the bosses that the Tories favour.

I fear that their multibillion awards to their cronies during the pandemic will now just happen on a much larger and sleazier level.

FIRE AND REHIRE – ACAS PAPER PUBLISHED

Acas has published a paper on the use of fire and re-hire practices, following a fact-finding exercise commissioned by BEIS but the government is not expected to legislate.

The Parliamentary Under-Secretary of State for BEIS, Paul Scully  has stated in parliament that ‘It is unacceptable and, frankly, immoral to use the threat of fire and rehire as a negotiating tactic to force through changes to people’s employment contracts, or for employers to turn to dismissal and rehiring too hastily, rather than continue to engage in meaningful negotiations.“

As to the way forward, Mr. Scully states:

“However, having carefully considered the report, the Government want to send a clear message to employers: even if your business is facing acute challenges, all other options to save jobs and a business should be exhausted before considering the dismissal and re-engagement of staff. I believe that we can achieve this working in partnership with businesses and workers, without heavy-handed legislation.“

In contrast, I believe that only legislation will stop the practice of fire and re-hire.

Patrick Harrington