As the end of the year approaches, many of us are starting to think about priorities for next year. With that in mind, below are some HR priorities which may affect your business over the coming year.
| Sexual Harassment The Worker Protection (Amendment of Equality Act 2010) Act 2023 comes into force in October 2024. This legislation means that from October 2024, employers will be under a legal duty to take reasonable steps to prevent sexual harassment at work. Any failure to do so could result in the Equality and Human Right Commission taking enforcement steps as well as an uplift of up to 25% to any awards made by an Employment Tribunal. |
Predictable Working Pattern Requests
The Workers (Predictable Terms and Conditions) Act 2023 is expected to come into force in September 2024.
This new legislation provides a right for workers (including agency workers) to request a more predictable working pattern.
The process for making a request will be similar to a flexible working procedure and there will be legal grounds upon which employers can refuse a request. ACAS have launched a consultation process before publishing its Code of Practice.
Flexible Working
Whilst we do not have a date for implementation, under new legislation, employees will gain the right to make two flexible working requests within any 12-month period. Employers will be obligated to respond to these requests within two months of receiving them as well as consult with the staff member before making a decision. Employees will no longer be obliged to explain the potential impact of flexible working on their roles or how it can be managed.
Criminal Convictions
New legislation came into force on 28th October 2023 which made changes on declaring custodial convictions which means that criminal convictions become spent after a shorter time, reducing the period that individuals are legally required to declare them to their employers.
Employers need to make sure any relevant forms and systems are updated to reflect the new time periods. These changes will not impact on roles where basic or enhanced DBS checks are required.
National Minimum Wage
The National Minimum Wage will increase again in April 2024. The higher rate will, from 1st April 2024, apply to those aged 21 and over (currently aged 23 and over) and rise to £11.44 per hour. It will rise to £8.60 for those aged 18-20 and £6.40 for those aged 16-17.
Holidays and holiday pay
The Government has introduced legislation, expected to come into force from 1st January 2024 which will:
- Simplify holiday pay calculations by making rolled-up holiday pay (paying workers for holidays accrued but not taken) lawful for part-year workers and those who work irregular hours
- Limiting the carrying over of holidays to a maximum of 18 months where a worker is unable to take their leave due to sickness absence
- Clarifying that holiday pay should commission payments and other payments, such as regular overtime payments for the first 4 weeks of leave taken
Discrimination
Changes will be made to the Equality Act 2010 which will come into force on 1st January 2024.
The changes include:
- The right to claim indirect discrimination by association
- An amendment to guidance on the definition of disability to include the ability to participate fully and effectively in working life on an equal basis with other workers is relevant when looking at ‘day-to-day activities’
- Confirmation that an equal pay comparator can potentially work for a different business so long as the employer or body responsible for setting terms and conditions of employment is the same
- An extension of direct discrimination protection to cover discriminatory statements made about not wanting to recruit people with certain protected characteristics even where there is no active recruitment process ongoing and no identifiable victim
- Confirmation that employment discrimination on grounds of breastfeeding falls under the protected characteristic of sex
Employee wellbeing and engagement
More and more businesses recognise that events throughout the year are an important way or celebrating and raising awareness of issues which may affect any of its employees at any time.
We have therefore created a list of key dates which you can find here of recognised wellbeing days which can be used to promote good health whilst at work. Whilst as a business you cannot commit to recognising all of them, it may be an idea (as part of your engagement strategy!) to pick some of these dates and plans events around them.
