Please note this page is for information only and this legislation is not yet in force
The Government has recently given Royal assent to a number of important family friendly pieces of legislation and these will create new and enhanced rights for families once they are in force. However, due to pressures on government, these are not likely to come into force and be able to be utilised until April 2024 at the earliest. Highlighted below are some of the key changes which are due to come in, together with an anticipated timeline of implementation.
Protection from Redundancy (Pregnancy and Family Leave) Act
This Act came into force in July 2023 but will not be enacted into law until April 2024. It creates enhanced protection for parents returning to work following a period of family leave.
Currently, employees on maternity, shared parental or adoption leave who are placed at risk of redundancy during their leave, have the right to be offered any suitable alternative vacancy. They must be prioritised for any roles over colleagues who are also at risk but who are not on a period of such leave. This is known as a “protected period”. However, once the employee returns to work, this protection ceases
The new Act extends this protected period to the following individuals:
- An employee who has recently suffered a miscarriage;
- Maternity returners;
- Adoption leave returners; and
- Shared parental leave returners.
At present, it is unclear how long the period of protection will last for each category, but this will be announced in regulations expected to be published in April 2024.
This extension of the protected period means that those who are returning from maternity etc leave and are subsequently placed at risk of redundancy, will still have priority selection for any suitable roles for a period after their return.
Neonatal Care (Leave and Pay) Act
This new Act will give qualifying employees a right to statutory leave and pay where their babies are cared for in health settings for more than one week before they are 28 days old. It is estimated that 60,000 parents will benefit annually from the new entitlement.
Parents could receive up to 12 weeks paid statutory leave.
The Act is expected to come into force in 2025.
The Carer’s Leave Act
This Act will give employees a statutory right to a week’s unpaid leave to care for a dependent. This Act will only apply to employees who provide or arrange care for a dependant with a long-term care need.
A dependent will include: a spouse, civil partner, child, parent, a person who lives in the same household as the employee or a person who reasonably relies on the employee for care.
A long-term care need is defined as an illness or injury (either physical or mental) that requires or is likely to require care for more than three months, a disability under the Equality Act 2010, or issues related to old age.
The Employment Relations (Flexible Working) Act
This Act introduces important changes to the right to request flexible working, but it is not expected to come into force until July 2024. It is anticipated that regulations providing more detail about the key points in the Act will be drafted to bring the Act into force.
The key changes are:
- Employees will now be able to make two flexible working requests within any 12-month period (an increase from 1 per year now)
- Employers will have to deal with flexible working requests within 2 months (currently 3 months) of receiving them unless there is a mutually agreed extension. This change will ensure that requests are handled promptly, and employees receive a timely response
- Employers will no longer be able to refuse a request outright without having first consulted with the employee. However, there is no specified minimum requirement for this consultation process, leaving it open to interpretation by employers. ACAS states that “consultation meetings about requests should be approached with an open mind to discuss what may be suitable. Meetings are an opportunity to listen carefully and engage meaningfully with each other so that a fully informed, evidence-based decision can be made.”
- Employees will no longer be required to explain how their flexible working request may impact their employer or propose how any potential issues arising will be addressed. This change reduces the burden on employees when submitting their requests and leaves it up to employers to manage the change within the working environment accordingly.
This page, and the associated links on this website, will be updated once the legislation is in force and more detail is known.
