23/01/2024

It seems that 2024 is going to be a year of substantial employment law changes. We will, of course, monitor these changes and keep you informed of all the details once they are confirmed. Here’s what we know so far…

Employment law changes commencing January 2024

  1. Amendments to the Equality Act 2010

On 1 January 2024, the Equality Act (Amendment) Regulations 2023, formally amended the Equality Act 2010 in several ways. These changes have mainly stemmed from the Retained EU Law (Revocation and Reform) Act 2023 which deals with which key principles and rights will become domestic law following Brexit.

The changes relate to:

  • Direct discrimination related to pregnancy, maternity and breastfeeding.

The Act has been amended to remove the exclusion of direct sex discrimination for claims relating to breastfeeding.

  • Indirect associative discrimination.

Employees without the protected characteristic, can claim indirect discrimination if they suffer the same disadvantage as an employee who holds a protected characteristic.

  • Discriminatory statements about recruitment.

General discriminatory statements made in recruitment decisions may constitute discrimination even if there is no active recruitment or identifiable victim.

  • Single source test for comparators in equal pay claims.

Comparators can use more than one company when illustrating equal pay disparity, as long as the terms for the two organisations are determined by the same entity.

  • Definition of disability

Additional wording has been added to section 6 of the Equality Act 2010. The definition now includes their ability to ‘participate fully and effectively in working life on an equal basis’.

 

  1. Working Time and TUPE amendments (Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023)

Transitional regulations have brought into force some changes to the Working Time Regulations and Transfer of Undertakings (Protection of Employment) Regulations 2006.

Working Time Regulations changes include:

  • Simplifying the rules around record-keeping for daily working hours. Records need to be adequate rather than a full comprehensive record.
  • Carry over of holiday entitlement must be allowed where a person is unable to take all of their entitlement due to family leave or sickness.
  • Inclusion of commission and regular overtime in holiday pay which is calculated over the 52-week average.
  • Rolled up Holiday pay 12.07% for part time and irregular hour workers will be permitted for leave years starting on or after 1 April 2024. 12.07% was widely used before it became unlawful, but following the Harpur Trust case, this has been confirmed as appropriate.

TUPE has received some minor but helpful amendments.

  • Employers of fewer than 50 or in transfers of fewer than 10, will now be permitted to consult with employees directly. Reps will not be required.

Need advice about forthcoming employment law changes?

For advice on this or any other employment issue, please email enquiry@beswicks.com or phone our Stoke-on-Trent solicitors on 01782 205000 or our Altrincham solicitors on 0161 929 8494. If you are an employer, you can benefit from unlimited employment law and HR advice via phone or email through our low-cost Beswicks HR service. Email laura.franklin@beswicks.com to find out more. Alternatively, you can fill out our online contact form or read more about employment law.