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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.