Webinar Q&A: key UK employment law changes in 2024
What’s in store for 2024? Our latest employment law series webinar discussed the key changes for this year.
Following the session, our own Nick Croucher, Partner, again partnered with Emma O’Connor, Director at Boyes Turner, to delve deep into the questions you asked us during the webinar.
What does “normal remuneration” mean in the context of calculating holiday pay?
As I discussed in the webinar, the government guidance published on 1 January 2024 regarding the holiday pay changes and updates is actually quite good! Here is the link: Pay calculator
Holiday pay is based on the legal principle that a worker should not suffer financially for taking holiday. What is “normal remuneration” for the basis of calculating statutory holiday pay would be looked at on a case by case basis, so it is difficult to say what is or is not normal remuneration. However, employers should be looking at payments paid to workers which are “intrinsically linked” to the contract of employment or regularly paid to the worker because they work for you. The guidance refers to payments such as overtime, regular bonuses and commission.
Employers should pay “normal remuneration” for the 20-days EU basic holiday; however, can pay basic pay for the additional 8 days UK holiday (unless it decided to pay normal remuneration for all holiday without distinction so check your holiday policies and contracts). If you do decide to pay holiday pay differently than you do currently, then you should tell staff and if you are going to change your holiday pay policies, you may also need to consult. There are special rules for part-year and irregular workers.
Always take advice as to what should (or should not) be included within holiday pay as it is a very employer specific and complicated area, particularly, if employers need to change policies and processes.
Does an employee need to give a reason for making a statutory flexible working request?
We had lots of questions around flexible working and the new changes from April. In particular, we have a number of questions asking whether an employee has to give a reason as to why they are making a flexible working request. The right to make a statutory flexible working request is open to all employees – it is universal right. From 6 April 2024, this will be a day one right for employees. Employees do not need to give a reason why they are making a request. However, in my opinion, it would be helpful to understand why a request is being made, particular, if the need is for health reasons, as this may alert an employer to consider other factors, rights and risks (e.g. the obligation to make reasonable adjustments or indirect discrimination risks).
How might employers reject a flexible working request?
Again, we had a lot of questions which asked about the reasons upon which an employer might reject a flexible working request. Under the statutory framework, there are 8 grounds under which an employer can reject a statutory request. By law, a request can only be turned down if:
- it will cost your business too much
- you cannot reorganise the work among other staff
- you cannot recruit more staff
- there will be a negative effect on quality
- there will be a negative effect on the business’ ability to meet customer demand
- there will be a negative effect on performance
- there’s not enough work for your employee to do when they’ve requested to work
- there are planned changes to the business, for example, you intend to reorganise or change the business and think the request will not fit with these plans
If you are concerned about a flexible working request which has been made, whether you can say yes or if you have to say no, and the possible legal and employee relations issues/risks then please speak to me. Also, training managers and HR on the new flexible working changes is also a good idea, particularly, as we expect to see a rise in the number of requests post April 2024. Contact me to discuss training.
Does an employee have to provide evidence of needing to take carer’s leave?
Carer’s leave is a new day-one employee right being introduced from 6 April 2024. It is a right to take up to 5 days’ (pro rated for part-time employees) unpaid leave to either provide or arrange care for a dependant who has a long-term illness or condition (physical or mental) in a 12-month period.
Whilst the employee does not have to provide “evidence” as this could impinge upon another’s medical information/GDPR, you could ask an employee to confirm that they are (1) eligible to take the statutory leave; (2) providing or arranging care for someone with a long term physical/mental health condition; and (3) that the care is in respect of a dependant (spouses, partners, children, parents, siblings, grandparents or someone who lives with the employee who is dependant on them for care). This could be as a self-certification process, or you could ask employees to confirm the above in writing. For help drafting or implementing a Carer’s Leave Policy, then please reach out as I have been working with a number of employers on their carer’s leave procedures.
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