April 2024 employment law changes: Eight-point checklist for HR

1 April: Comply with national minimum wage rises

The rates of the national minimum wage increase on 1 April 2024, including an increase of the main national minimum wage (the national living wage) from £10.42 to £11.44.

In addition, the national living wage is extended to apply to workers aged 21 and over for pay reference periods beginning on or after 1 April 2024. (For pay reference periods beginning before this date, the national living wage rate applies to those aged 23 and over.)

Employers should check their pay rates against the new minimum wage rates to ensure that, where necessary, they increase remuneration for the first pay reference period beginning on or after 1 April 2024.

Employers must also ensure that workers are paid at least the minimum rate for the age band into which they fall. This means that employees who are aged 21 or 22 may be entitled to a pay rise.

Essential resources

• Letter advising worker of rise in their national minimum wage rate
• How to review your organisation’s pay rates against the national minimum wage
• Employment law guide: National minimum wage

1 April: Update your annual leave calculations for irregular hours workers

Changes to holiday entitlement and pay for irregular hours and part-year workers come into effect for holiday years beginning on or after 1 April 2024.

This means that employers with a holiday year running from April to March have the immediate task of updating their holiday pay calculations for these workers. These changes should be reflected in both their holiday policies and contractual arrangements with workers.

The key change is that holiday entitlement for irregular hours workers and part-year workers is calculated using an accrual method. Under this new calculation method, entitlement accrues at 12.07% of hours worked in a pay period.

Employers with a holiday year running from January to December have some additional breathing space to prepare – the rules do not apply for them until the annual leave period beginning on 1 January 2025.

Essential resources

• Who is covered by the definitions of irregular hours workers and part-year workers in the Working Time Regulations 1998?
• Holiday contract clause (holiday year starts on or after 1 April 2024 and worker is irregular hours or part-year worker)
• Employment law guide: Holiday and holiday pay

6 April: Update your statutory redundancy pay calculations

New limits on employment statutory redundancy pay come into force on 6 April 2024.

Employers that make employees redundant must pay those with two years’ service an amount based on the employee’s weekly pay, length of service and age.

The weekly pay is subject to a maximum amount, which is £700 from 6 April 2024 (increasing from £643).

HR professionals should ensure that calculations for statutory redundancy payments are made on the basis of this new maximum amount for redundancy dismissals on or after 6 April 2024.

Essential resources

• Letter giving employee notice of dismissal for redundancy
• Example form setting out redundancy payment calculation
• Employment law guide: Redundancy

6 April: Introduce procedure for taking carer’s leave

From 6 April 2024, employees who have caring responsibilities for dependants with a long-term care need are entitled to one week’s unpaid leave in every rolling 12-month period.

Employers need to introduce a process for employees who meet the legislative definition of a carer to be able to take this new type of leave.

Employers should incorporate carer’s leave into their family-friendly policies and procedures and ensure that carers within the organisation are aware of the new right.

It is particularly important that line managers are trained on carer’s leave, to ensure a consistent approach across the organisation and reduce the risk of managers making errors when handling requests for carer’s leave.

Essential resources

• Carers policy (reflects introduction of carer’s leave)
• Carer’s leave – line manager training
• Webinar: Statutory carer’s leave – how employers can prepare

6 April: Implement changes to flexible working requests procedure

Significant reforms to the right to request flexible working take effect for requests made on or after 6 April 2024. The key changes are:

• Making the statutory right to request flexible working a “day one” right.
• Giving employees the right to make two requests, rather than one, in a 12-month period.
• Removing the requirement for an employee to explain what effect, if any, their request would have on the employer and how that might be dealt with.
• Requiring employers to deal with to a request within two months, rather than three months.
• Placing an obligation on an employer to consult with an employee before rejecting a request.

Employers should review their flexible working policies to ensure that they reflect the new requirements. It is vital to train managers on how to handle flexible working requests in light of the changes.

Essential resources

• Example flexible working requests policy (requests submitted on or after 6 April 2024)
• Example form for employee to submit flexible working request (requests submitted on or after 6 April 2024)
• Flexible working requests – line manager training (requests submitted on or after 6 April 2024)

8 March/6 April: Implement changes to process for taking paternity leave

On 8 March 2024, important reforms to statutory paternity leave took effect. The changes mean that, where the expected week of childbirth is after 6 April 2024:

• Employees are entitled to split their leave into two separate blocks of one week, instead of having to take it all in one period.
• Paternity leave can be taken within 52 weeks of the child’s birth — previously, the leave had to be taken within the first eight weeks.

Under the new procedure, employers must ensure that an employee who wishes to take paternity leave provides their employer, at least 15 weeks before the expected week of childbirth, with a notice of entitlement and a written declaration that they meet the eligibility requirements to take paternity leave.

In addition, the new rules mean that an employee who wishes to take paternity leave must give their employer:

• Further notice specifying when they wish to start their paternity leave; and
• A written declaration that the leave will be used to care for a child or support the child’s mother.

This is known as a period of leave notice. For a birth child, a period of leave notice must generally be given to the employer at least 28 days before each period of leave is due to start.

Similar rule changes are introduced for paternity leave taken in an adoption situation where the expected date of placement is on or after 6 April 2024.

Essential resources

• Example paternity leave policy for births/adoptions from 6 April 2024
• Example paternity leave (for births/adoptions from 6 April 2024) – line manager training
• Interactive flowchart: Handle a paternity leave and pay request (birth after 6 April 2024)

6 April: Extend redundancy protection to pregnant employees/maternity leave returners

Employees on maternity leave, as well as those on adoption leave and shared parental leave, already have the right to be offered any suitable alternative vacancy in a redundancy situation.

From 6 April 2024, this additional redundancy protection is extended to employees who are pregnant but have not yet gone on maternity leave. Also, the protection is extended to those who have recently returned to work from maternity leave, as well as those who have recently returned from adoption leave and a period of six weeks or more shared parental leave.

HR needs to ensure that their redundancy process takes account of the extended redundancy protection period where any employees are pregnant or have recently returned to work from maternity, adoption or shared parental leave.

Essential resources

• Example redundancy policy
• Redundancy: Example letter offering suitable alternative vacancy to pregnant employee (informs employer of pregnancy on or after 6 April 2024)
• Redundancy during or after maternity leave: Letter offering suitable alternative vacancy to employee (statutory maternity leave ends on or after 6 April 2024)

6/7 April: Increase statutory sick pay and family-related pay

The weekly rate of statutory sick pay increases on 6 April 2024. The new rate is £116.75, up from £109.40.

The weekly rates of statutory maternity, adoption, paternity, shared parental and parental bereavement pay increase to £184.03, up from £172.48. The increases take effect on the first Sunday in April, which in 2024 is 7 April.

It is up to HR to make sure that staff on maternity, paternity, adoption, shared parental and parental bereavement leave, and staff on sick leave, are paid these statutory minimum rates.

HR professionals also need to review their policies and procedures that mention the rates, such as their maternity policies and sickness absence procedures.

Essential resources

• Employment law guide: Maternity pay
• Employment law guide: Sick pay
• Example maternity leave policy