Employment Law – Key Developments and Takeaways from 2024
Author: Swyn Llyr
Key contact: Chris Aldridge
2024 has been an unprecedented year for employment law in England and Wales. As business owners, employers and HR professionals, it is crucial to stay updated on the continually evolving employment legislation and best practices to ensure ongoing legal compliance. We’ve put together a handy employment law update, as a reflection on 2024 and to guide your compliance in the new year.
Labour’s initial plan to implement legislation within the first 100 days of entering Government was highly ambitious, and while some progress has been made, we are unlikely to see significant changes in the immediate future. As the year draws to a close, the landscape of employment law will continue to evolve, with many anticipated legislative reforms still in discussion. Looking ahead, we reflect on the key employment law topics and changes that have defined 2024.
Hot topics
Sexual harassment
The Worker Protection (Amendment of Equality Act 2010) Act 2023 came into effect on 26 October 2024, which requires employers to take proactive “reasonable steps” to ensure that employees are not subjected to sexual harassment during their employment. This new legislation stipulates that employers should not simply wait for an incident of sexual harassment to occur before taking action. Instead, employers are required to take preventive measures to stop harassment from happening in the first instance and, if harassment has already occurred, continue to take proactive steps to prevent its recurrence. The preventative duty also covers prevention of sexual harassment by third parties.
The Equality and Human Rights Commission (EHRC) has recently issued updated guidance following the introduction of this new legislation. The guidance outlines clear expectations for employers on how to comply with the new duty, with an emphasis on fostering safer workplace environments.
If you haven’t done so already, you should ensure that your workplace harassment policy is comprehensive, addressing sexual harassment and provisions for third-party harassment. For our checklist for employers to ensure effective procedures are in place to prevent sexual harassment in the workplace, visit our article on EHRC Releases Guidance on the Worker Protection Act.
Start the New Year on the right foot by ensuring your workplace policies are up to date. Let Acuity’s Employment team assist you by reviewing and revising your policies to ensure they meet current legal requirements and best practices. Taking this step now will help safeguard your organisation and set the tone for a compliant and smooth year ahead.
The Employment Rights Bill
The Employment Rights Bill 2024 introduces significant changes to employment law in England and Wales, including restricting the fire and rehire practices, implementing measures to address “exploitative” zero-hour contracts, and making entitlement to sick pay and parental leave rights from day one of employment.
That aside, Clause 19 of the Bill has attracted much media attention as it marks a significant shift in the application of unfair dismissal protections, giving employees day-one rights for unfair dismissal. While it’s important not to panic over the potential surge in claims, the Bill won’t be enacted until Autumn 2026, making now an ideal time to start preparing for the upcoming changes. For guidance on how to prepare, refer to our article on Unfair Dismissal and the Employment Rights Bill.
Introduction of unpaid carer’s leave
As of April 2024, employees with a dependant who has long-term care needs are entitled to take carer’s leave. This is a “day one” right, meaning that eligible employees are entitled to take up to one week of unpaid leave in each rolling 12-month period. The introduction of the Carer’s Leave Act 2023 marks a significant milestone in acknowledging the importance of caregiving and offering much-needed support to those who provide care. Discover more about the eligibility criteria for unpaid carer’s leave by reading our article on Carer’s Leave Act 2023.
The rise of AI in the workplace
2024 has seen a rapid rise in the use of artificial intelligence (AI) in the workplace, sparking a transformation across industries by improving decision-making, boosting efficiency, and shaping business strategies. While AI brings notable advantages, such as increased productivity and streamlined recruitment, it faces challenges in promoting equality and inclusion, giving rise to risks of indirect discrimination. Additionally, its reliability and accuracy can be inconsistent, posing risks to organisations such as data breaches, violations of intellectual property, and breaches of sensitive company information.
We recommend that all organisations perform a risk assessment of AI tools before integrating them into the workplace, while also overseeing employee use of AI. For a comprehensive list of top tips for safely using AI tools in the workplace, visit our previous article here.
Right to request flexible working arrangements
Since 6 April 2024, all employees in England, Wales and Scotland have the right to request flexible working from day one of employment, following the introduction of the Employment Relations (Flexible Working) Act 2023 and the Flexible Working (Amendment) Regulations 2023. As well as the right to request flexible working from day one, employees can now make two flexible working requests (instead of one) in any 12-month period and employers will have to respond to a request within two months.
Once again, if you haven’t already done so, we recommend starting the New Year with an updated flexible working policy to ensure it aligns with the ACAS Statutory Code of Practice and the latest legislation.
It has been an eventful year for employment law, with key changes and developments transforming the workplace environment. As we look ahead to 2025, we expect more changes and updates that will continue to affect both employers and employees. Stay tuned for our upcoming newsletter, helping you stay informed and ready for the ever-changing employment law landscape.
For more on any of these issues, assistance with updating your policies, or for Employment Law advice, contact our Employment team.
