Keeping Up with Employment Law Changes: What Your Business Needs to Know this Month
In the ever-changing landscape of employment law, staying abreast of new regulations and amendments is crucial for businesses to thrive. It's also key to ensuring the fair treatment of employees.
We understand that business owners are busy people, so we’ve created the following succinct roundup of the most recent and upcoming changes of which you need to be aware.
Redundancy Protection for Pregnancy and Maternity
As of April 6, 2024, the Maternity Leave, Adoption Leave, and Shared Parental Leave (Amendment) Regulations 2024 extend protection to employees from the moment they inform their employer of the pregnancy. This protection lasts for 18 months after the birth of their child. It also encompasses employees taking adoption leave, covering them for 18 months from the placement, or entry of the child into the UK.
What happens if there are already redundancies on the horizon? Employers are required to prioritise suitable alternative employment for pregnant employees, as well as for those on maternity or adoptive leave, even if other candidates may seem more suitable. Careful consideration must be given to avoid discrimination during the selection process. However, if no suitable alternative employment is available, it will be necessary to follow the redundancy procedure.
How Can I Make Sure My Business is compliant with the extended Redundancy Protection?
Make sure that your HR policies and procedures are up to date with this new employment law legislation. It is also advisable to update your training documentation and arrange for training sessions for your managers and HR staff, so that they fully understand the changes.
If your business is planning restructuring and reorganisation, it’s important that you are aware of which employees fall into the protected category under the legislation. It is not the case that you are prohibited from making employees redundant but along with the duty to check that there are no suitable alternative vacancies, you must ensure that you are clear that the redundancy is not related to the employee's pregnancy or maternity leave.
Duty to Prevent Sexual Harassment
In October of this year, the Worker Protection (Amendment of Equality Act 2010) Act 2023 will introduce mandatory obligations on employers to prevent sexual harassment in the workplace. However. the definition of sexual harassment hasn’t changed and is noted in the Equality Act 2010 as unwanted conduct of a “sexual nature.”
Failure to take reasonable steps to prevent sexual harassment at work can now result in enforcement actions by the Equality & Human Rights Commission. Additionally, successful Employment Tribunal claims may incur an uplift in compensation of up to 25%.
What Do I Need to Do to Comply with the New Sexual Harassment Employment Law?
Businesses should update their policies in the first instance and make sure that everyone has easy access to the documentation. It would be prudent to have signs around the workspace that reiterate the zero-tolerance policy for sexual harassment.
It's important to conduct regular staff training on identifying and preventing sexual harassment in the workplace. This should cover how employees can report issues themselves, but also give those who witness harassment the confidence to offer support and help. When it comes to senior management, ensuring that your managers communicate a zero-tolerance approach toward such behaviour is imperative.
Make sure you’re approaching this issue as more than a tick-box exercise, or you could be putting your business at risk.
Statutory Increases
From April, 2024, the National Living Wage for workers aged 21 and over rose to £11.44 per hour, with the National Minimum Wage set at £8.60 per hour for those aged 18 to 20 and for those under 18, the minimum wage is now £6.40 per hour. The Apprentice rate stands at £6.40 per hour.
Furthermore, Statutory Sick Pay increased to £116.75 per week, while Statutory Maternity, Paternity, Adoption, Shared Parental, and Parental Bereavement Pay rose to £172.48 per week.
Do I Really Need to Pay My Staff More?
Failure to meet the new minimum wage requirements can have serious consequences. You may be named and shamed on the HMRC website, which can severely affect your brand’s reputation. HMRC will also force you to increase your staff’s pay accordingly. You will also have to pay out any arrears.
Minimum wage increases are a fact of life for UK businesses. They shouldn’t be seen as a burden as, in fact, they can be a real benefit to your business. Your staff are one of your most valuable assets and raising their wages should be seen as an investment. Recruitment is incredibly expensive, so ensuring that you have content members of staff who are paid fairly is important for low staff turnover. Wage increases can save you money in the long run.
Still Have Questions About Employment Law and Your Business?
Staying informed and proactive is key to navigating the complex terrain of employment law. By consulting with experienced legal professionals and staying abreast of regulatory updates, businesses can safeguard both their interests and the well-being of their employees.
We're committed to assisting businesses in understanding and implementing these legal changes. Whether you need guidance on redundancy procedures, policy reviews, or drafting new policies to mitigate the risk of sexual harassment claims, our team is here to support you every step of the way.
Speak to one of our employment law experts today to ensure that your business policies meet the new employment law changes. Call us on 0113 320 5000.
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