Employment law changes ALL parents need to be aware of

This week, thanks to a range of campaigners, industry bodies and a small group of forward-thinking MPs, we see some major changes to employment law, that YOU need to know about. When you are considering returning to work, your next job role, or the needs of your family, it’s essential to be as up to date as you can be with your rights. So, here are the three employment law changes that all parents need to be aware of in 2024.

These are related to three key pieces of legislation, which change on 6th April 2024, namely:

• Employment Rights (Flexible Working) Act 2023
• Carer’s Leave Act 2023
• Protection from Redundancy (Pregnancy and Family Leave) Act 2023

 

I’m going to start with the one that my clients tell me matters the most right now, the Flexible Working Act. This is a MASSIVE change, which supports the ability for workers to ask for flexibility in their working patterns and locations. The biggest change is the ability to request flexible working arrangements from the first day of employment. Previously, you may recall, you had to have 26 weeks of employment under your belt before you could put your request in.

I still maintain it’s best to speak to an employer/hiring manager about your need for flexible working before you start your application process (for a new role); you want an organisation where flexibility is at the core of their culture. However, this new change, I hope, will begin to make real structural and cultural changes around the plans for flexibility. Next step, if flexible first!

Within this change in regulations, you can make this request twice in any 12 months (previously it was one per year), employers MUST respond to your request within 2 months (the previous law was three months), and finally, for employers, VERY IMPORTANTLY, any request reject MUST explain the reason for the rejection. You may recall, that before, employers could deny without any specific explanation; hence many were rejected using “business need” as a blanket response.

 

Next, let’s come to Protection from Redundancy. This is something that many women are concerned about, and, watching the work of Pregnant then Screwed, quite rightly so! This change expands the protection; previously employees on maternity leave, shared parental leave or adoption leave have what is known as special protection. When the change comes into force on the 6th of April to give expanded and longer-reaching protection, to cover those who have recently returned from maternity, adoption, or shared parental leave, as well as prioritizing the support to pregnant employees. The CIPD gives an example of how this can look in real life: for example, a pregnant employee who takes maternity leave would be protected for 18 months for their child’s date of birth (with certain criteria)

 

Finally, the Carer’s Leave Act of 2023 will be in place for employees to take unpaid leave to care for a dependent (including spouse, civil partners, child, parent or other dependent), who needs care for at least three months. This could be because of illness, disability, old age, or injury; however (confusingly) the maximum amount of leave is one week per year. The change is this is available to all employees from day one of your employment; however, employers can delay this leave if there is undue disruption.

As you can see for all of these, there is still a long way to go in terms of developing a structural framework to support the lives and work of those who care. However, it is a step in the right direction. Since this was announced in 2023, HR departments have been working hard to make sure that organisations can implement these within their businesses; and it’s a must-do, not a nice to have.

I’m now popping back in, on my mission to keep the information on this website as updated as possible. Since this blog was published, there have been more updates that I feel all parents need to know about. The most pressing is the change in NeoNatal Pay and Leave. This is now a “Day One” right, for the parents who have been employed for 26 weeks or more, of babies who are receiving seven days or more of neonatal care. To find out if you qualify, this is a great infographic from the CIPD. At times of such distress and worry, it is great to see that this leave has been recognised, and, on the surface, available to most who would be affected.

We are also waiting with bated breath for the outcome and finalisation of the Employment Rights Bill, which will include day one rights of parental leave, strengthen sick pay, and remove exploitative zero hours contracts, amongst others.

So, what now? Make sure you are aware of your rights; as mentioned in this article, the CIPD and Pregnant then Screwed are great places to review where you stand. If you feel that, post 6th April, your organisation is not following the letter of the law, then ACAS is also a great support place to access. Please bear in mind, I am not, and have no plans to become, an Employment Lawyer!

As I start to see how these are rolled out in real-time, I will be updating my flexible request advice, and job-searching support too, so watch this space.

 

Will these changes help you create a career to enjoy? Comment below or share your thoughts in Creating Careers to Enjoy.