Parents & Careers
Parents & Careers
The Career Owl

Legislation: Navigating Significant Changes In Workplace Rights for All Parents In 2024

Published

by Kathryn Hall aka The Career Owl

The landscape of employment law underwent significant transformation last month, propelled by the concerted efforts of campaigners, industry bodies, and a select group of progressive MPs. These changes underscore the importance of vigilance regarding your rights in the workplace.

In this blog, I will delve into the pivotal shifts that have occurred, and why understanding these changes is not only prudent but essential for navigating the complexities of modern employment dynamics.

There were three key pieces of legislation that came to force on 6 April 2024:

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

So, let’s take the first one the Employment Rights (Flexible Working) Act 2023.  This legislation introduces significant amendments to the statutory process governing flexible working requests, reflecting a notable shift in the perception of flexible work arrangements. Stemming from changes in working practices catalysed by the Covid-19 pandemic, advancements in technology, and a growing emphasis on diversity in the workforce, the Act heralds a new era of workplace flexibility. Notably, employees are now empowered to request flexible working from the onset of employment, rather than after 26 weeks of continuous service. Additionally, individuals may submit up to two statutory requests within a 12-month period, compared to the previous limit of one. Furthermore, the burden on employees to justify the impact of proposed changes on business operations has been alleviated, and the timeframe for responding to requests has been condensed from three to two months. Crucially, employers are now required to engage in consultation with employees before refusing a request, necessitating a meeting to discuss the matter.

My advice would be to initiate a conversation with a prospective employer regarding your need for flexible working even before commencing the application process. It’s essential to align yourself with organisations that prioritise and embrace flexible working practices as part of their core values. By engaging in early dialogue, you can gauge the employer’s willingness to accommodate your needs and ensure that flexibility is integrated into their organisational culture. Whilst these changes may not manifest overnight, fostering open communication from the outset sets the groundwork for tangible shifts in how flexibility is approached and implemented within organisations.

The next one is the Carer’s Leave Act 2023.  Employees have the right to take one week of unpaid leave annually to provide or arrange care for a family member with long-term care needs, extending to spouses, civil partners, children, parents, or other dependents. Employees can use this leave in flexible ways, allowing for half or full-day absences to accommodate planned caregiving responsibilities. Notably, this entitlement is accessible from the first day of employment and affords employees the same employment protections as other forms of family-related leave, shielding them from dismissal due to caregiving obligations. How useful this legislation will be in practice this will be remains to be seen as you are limited to 1 week of unpaid leave annually.

Finally, is the Protection from Redundancy (Pregnancy and Family Leave) Act 2023.  This represents a significant milestone in bolstering redundancy protections for parents in the workforce. Extending existing safeguards afforded during Maternity Leave, Adoption Leave, or Shared Parental Leave to encompass pregnancy and a subsequent period following the return to work, anticipated to span six months, marks a pivotal advancement in parental rights. Scheduled to take effect on July 24, 2023, this legislation demonstrates a proactive approach toward supporting working parents. However, the actual implementation of these enhanced entitlements awaits the formulation of new regulations by the Secretary of State, so watch this space and I will update you accordingly once this has announced.

Amidst these legislative advancements, notable strides are being made towards fostering a more equitable and supportive workplace environment. The implementation of these enhanced protections signifies a commendable step forward in acknowledging and addressing the diverse needs of employees, particularly in relation to caregiving responsibilities and parental rights. Across the UK, HR departments have been diligently planning on how best to integrate these changes into organisational practices, recognising that compliance with these measures is not merely optional but imperative. This concerted effort reflects a collective commitment to prioritising employee welfare and ensuring that workplace policies align with evolving societal norms and expectations. Indeed, these initiatives signify a crucial shift towards cultivating a more inclusive and supportive professional landscape, marking a definitive step in the right direction.

As we navigate these evolving landscapes of employment law, it’s crucial to remain vigilant about your rights as an employee. Keeping a watchful eye on developments and understanding your entitlements is paramount in ensuring fair treatment in the workplace. Resources like the Chartered Institute of Personnel and Development (CIPD) and Pregnant then Screwed offer valuable insights into your rights and can serve as useful reference points. If you encounter instances where your employer, or a prospective employer, appears to be falling short in adhering to these regulations, don’t hesitate to seek guidance. Initiating a conversation with the Advisory, Conciliation and Arbitration Service (ACAS) can provide clarity and support in resolving any discrepancies.

Note: While I can offer general advice and information, I’m not an Employment Lawyer. Therefore, consulting with specialised professionals can offer tailored assistance to address specific concerns effectively.