Several key pieces of new legislation recently came into force affecting flexible working and family friendly rights. These new changes will likely require significant updates to your employee handbook, and so you should ensure your handbook is reviewed appropriately.
Flexible working requests
Two pieces of legislation have made significant changes to how you should respond to flexible working requests. The Employment Relations (Flexible Working) Act 2023 has increased the number of flexible working requests that can be made in any 12-month period from one to two. Employers now have a two-month time limit to deal with requests, if no extension is agreed upon with the individual, decreased from three. Employees no longer need to explain how agreeing to their request would affect the business, and employers cannot refuse a request until they have consulted with the employee. The Flexible Working (Amendment) Regulations 2023 made flexible working requests a "day one" right, removing the requirement for an employee to have 26 weeks' service before they can make a request.
Paternity leave
The Paternity Leave (Amendment) Regulations 2024 introduce changes to how paternity leave can be taken. These changes include the ability to take the two-week paternity leave entitlement as two separate one-week blocks. Additionally, paternity leave can now be taken at any time in the 52 weeks after birth. Only 28 days' notice to take parental leave is needed, reduced from 15 weeks before the Expected Week of Childbirth.
Carer’s leave
The Carer's Leave Act 2024 introduces a new right for employees to take unpaid leave to care for a dependent with a long-term care requirement. This is a "day one" right, and requests can be made in consecutive or non-consecutive half days or full days. You may require that notice to take the leave be given in writing, and the notice must be at least twice the amount of leave being requested or, if longer, three days' notice. You can postpone a request if it will cause serious disruption to your business. Those requesting such leave will be protected from detriment and/or dismissal because they are taking or have applied to take carer's leave.
All of these changes came into effect on 6 April 2024, and if you haven't already done so, your policies will need to be updated to reflect these changes. Failing to comply with flexible working and family-friendly legislation can lead to expensive discrimination claims. Thus, it is essential to review your employee handbook regularly to ensure it complies with current employment law.
Key takeaways:
- Review your employee handbook regularly to ensure it complies with current legislation.
- The Employment Relations (Flexible Working) Act 2023 and the Flexible Working (Amendment) Regulations 2023 will require significant updates to certain policies in your handbook.
- The Paternity Leave (Amendment) Regulations 2024 introduce changes to the two-week paternity leave entitlement.
- The Carer’s Leave Act 2024 introduces a new right for employees to take unpaid leave to care for a dependent with a long-term care requirement.
- These changes came into effect on 6 April 2024. Failing to comply with flexible working and family-friendly legislation can lead to expensive discrimination claims.
If you have any questions about how these changes may affect your business or want to speak to experts about reviewing and
updating your employee handbook, please email our expert employment solicitors at online.enquiries@la-law.com.
Edward O'Brien, Senior Associate