There are a number of significant employment law changes due to be introduced before the end of the year with the aim of enhancing employee rights and improving working conditions. Here are some of the key changes you need to be aware of:
1) TUPE – 1 July 2024
The Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023 will amend certain rules relating to TUPE transfers and consultations. To help streamline the consultation process, small organisations with fewer than 50 employees and organisations of any size undertaking a TUPE transfer which involves fewer than 10 employees will be able to consult with employees directly if there are no representatives already in place.
2) Fire & Rehire – 18 July 2024
The Code of Practice (Dismissal and Re-engagement) Order 2024 will introduce a new statutory Code of Practice on ‘fire and re-hire’ which will set out the expected procedure for employers to follow when considering dismissals for employees who do not agree to changes to their terms and conditions. The Government’s draft Trade Union and Labour Relations (Consolidation) Act 1992 (Amendment of Schedule A2) Order 2024, when approved, will make it possible for tribunals to increase protective awards when an employer has acted unreasonably in failing to follow the Code. Labour has however committed to ending the practice of fire and re-hire completely so these changes will depend on the outcome of the general election.
3) Atypical Contracts – September 2024 (expected)
Following Royal Assent on 8 September 2023, the Workers (Predictable Terms and Conditions) Act 2023 and secondary regulations are expected to come into force in September 2024. The Act establishes a new statutory entitlement for workers under atypical contracts to request more predictable terms and conditions of work. This includes employees such as fixed-term workers, agency workers, and those with zero-hour contracts.
4) Allocation of Tips – 1 October 2024
The Employment (Allocation of Tips) Act 2023 will prevent all hospitality, leisure and service employers from unlawfully withholding tips and service charges from staff. A new Code of Practice will be introduced to ensure fairness and transparency in how tips are allocated, and we will also see the introduction of an enforcement procedure for staff to make complaints if they feel their employers are failing to distribute tips fairly.
5) Sexual Harassment – 26 October 2024
The main provisions of the Worker Protection (Amendment of Equality Act 2010) Act will come into force on 26 October 2024 and will introduce a new proactive duty for employers to take reasonable steps to prevent sexual harassment of their employees. If they don’t, they could face an uplift of up to 25% in the compensatory award in a related Employment Tribunal claim.
Following the success of our ‘Tackling Sexual Harassment in the Workplace’ event last February, we are delighted to announce a re-run of this FREE event on 12 September 2024. Join us on Thursday 12 September 2024, at The Alderley Edge Hotel for our FREE Breakfast Seminar where we will discuss the complexities surrounding this difficult area of HR, and help you and your team prepare for the changes.
Our team are on hand to answer any further queries you may have in relation to any of the employment law changes mentioned in this article. Get in touch on 01942 727 200 or email enquiries@employeemanagement.co.uk for a no obligation chat.