An employment law update December 2023

The Flexible Working (Amendment) Regulations 2023 have been laid before Parliament. Damian Kelly, partner in Lodders Employment team, outlines some of the changes expected.

Employees will be able to request flexible working arrangements from the first day of employment. Previously, an employee had to have 26 weeks’ service in order to be able to make a request for flexible working.

Enhanced protection against redundancy for new parents

Currently, employees on maternity leave, adoption leave or shared parental leave who are at risk of redundancy should be offered a suitable alternative vacancy where one is available. This gives them priority rights over other employees at risk of redundancy and a failure to comply with this obligation will give rise to a claim for automatically unfair dismissal. However, the protection is lost as soon as their leave comes to an end.

Under the proposed new rules, the period of protection is to be extended to include the following:

1. For maternity– the period of protection will cover the entire pregnancy and 18 months from the first day of the estimated week of childbirth. The protected period can be changed to cover 18 months from the exact date of birth if the employee gives the employer notice of this date prior to the end of maternity leave.
2. For adoption – the period of protection will cover 18 months from placement for adoption.
3. For shared parental leave – the period of protection will cover 18 months from birth, provided that the parent has taken a period of at least six consecutive weeks of shared parental leave. This protection will not apply if the employee is otherwise protected under points 1 or 2 above.

The above changes are currently in draft and may be subject to change. They are due to come into effect on or around 6 April 2024.

Lodders’ employment solicitors offer accurate HR and legal advice to a wide range of clients who require “hands-on” and strategic assistance with the complexities of employment law. If you would like any further advice on care rights in the workplace, please contact Damian Kelly or Amita Chauhan.