The landscape of UK employment law has seen significant developments in 2024, reflecting evolving workplace norms and government priorities. Below, we explore the key legislative changes, upcoming measures and notable case law from a highly transformative 12 months.
- Legislative Developments
Introduction of the Flexible Working Act 2024
One of the most notable legislative developments this year has been the implementation of the Employment Relations (Flexible Working) Act 2023 which came into force on 6th April 2024 along with the Flexible Working (Amendment) Regulations 2023. These strengthen employees’ rights to request flexible working arrangements. Dean Jones (Managing Partner) participated in a webinar about this topic which can be watched here.
The key changes include:
- Day one right: Employees can now request flexible working from their first day of employment, rather than after 26 weeks.
- Processes: Employers must respond to requests within two months instead of three.
- Consultation: Employers will not be able to refuse a request unless the employee has been consulted.
ACAS has produced a new code of practice on how employers should handle flexible working requests considering the changes.
Strengthening Sexual Harassment Protections
As of October 2024, UK employers are now legally obligated to “take reasonable steps to prevent the sexual harassment of their employees in the course of their employment”. This means that organisations will have to positively take steps to prevent sexual harassment rather than merely reacting to it if it occurs. This is a much wider ranging and more involved legal obligation compared to the previous law.
This duty arises from amendments to the Equality Act 2010, designed to strengthen protections for employees and create safer work environments for all. The preventative duty includes worker-on- worker harassment and harassment by third parties such as customers, clients or patients.
Jones Chase hosted a seminar about the new duty, compliance with the same, third-party harassment, and other interesting discussions on the topic which can be watched here.
We have also put together a Toolkit to help employers comply with this new pro-active legal duty and please contact info@joneschase.com if you would like to know more.
- Upcoming Proposed Changes
The Employment Rights Bill
The much-anticipated Employment Rights Bill is continuing to move through parliament. It represents one of the most comprehensive overhauls of UK employment law in decades. We go into detail about the bill in our article which can be found here. Some of the key developments and provisions include:
- Employees will have the right not to be unfairly dismissed from day one of their employment, subject to a proposed initial period of employment of potentially 9 months in which less stringent obligations may apply.
- A ban on exploitative zero-hour contracts by making it a right for those on zero or low hour contracts to have guaranteed hours if they work regular hours over a defined period. The Bill also gives workers the right to reasonable notice of a shift, shift cancellation or change of shift at short notice.
- The Bill will also expand the preventative duty in relation to sexual harassment (as mentioned above) by requiring employers to take “all reasonable steps” (as opposed to just “reasonable steps”).
- The Bill will reintroduce employer liability for third party harassment in relation to all relevant protected characteristics. Under the Bill, an employer will be considered to permit a third party to harass their employees if the third party harasses an employee during that employee’s employment and the employer fails to take all reasonable steps to prevent it happening.
- Firing an employee and then rehiring them on less advantageous terms will be prohibited.
The Government have promised to ensure businesses have time to prepare for the implementation of the reforms and expect that most will take effect no earlier than 2026.
- Case Law Decisions
Below we explore some interesting case law from 2024:
- [Tax and employment status]- HMRC v Professional Game Match Officials Ltd:
- This case related to whether part-time football referees should be classified as employees for tax purposes during individual match engagements. The issue revolved around two legal requirements for employment status: mutuality of obligation (that is, whether there is an agreement between the employer to provide work and the employee to perform it) and control (the degree in which an employer can control and direct how the work is performed). The Supreme Court found that the engagements satisfied the criteria for employment contracts for each match.
- This case is particularly significant for other industries that rely on flexible and task-based arrangements, such as the gig economy. It may assist a worker’s argument in these types of cases that they are an employee. For employers, the ruling is a reminder to carefully evaluate worker classifications to avoid any liabilities for unpaid taxes and contributions.
- [Fire and rehire] – Tesco Stores Ltd v Union of Shop, Distributive and Allied Workers (USDAW)
- Tesco had sought to terminate employee contracts to remove a long-standing “Retained Pay” clause, offering re-engagement on revised terms. The Supreme Court restored an injunction granted by the High Court preventing Tesco from using ‘fire and rehire’ to withdraw a collectively agreed contractual benefit that it had previously described as “permanent”.
- Whilst the facts of this case were unusual employers should take care when negotiating and agreeing contractual terms and ensuring that there is a cut off date for benefits which might otherwise be expected to be permanent. Currently this case does not mean it is not possible to ‘fire and rehire’ if employees don’t agree to contractual changes. However, the government’s plans in the Employment Bill are set to make it much more difficult.
- [Harassment]- Finn v British Bung Manufacturing Company Limited
- In this case, Mr Finn (an employee) was called a “bald ****” and threatened with physical violence by his manager, who admitted that he had intended to threaten and insult him in doing so. The tribunal found that this conduct was unwanted and violated Mr Finn’s dignity and created an intimidating, hostile, degrading, humiliating or offensive environment for him. They found that comments about baldness amounts to harassment relating to sex under s26(1) of the Equality Act 2010. The EAT upheld the tribunal’s decision concluding that baldness is more prevalent in men and as such inherently related to his sex.
- This case confirmed that offensive remarks relating to traits predominantly associated with one sex can be classified as harassment under the Equality Act 2010.
Helping you
2024 has been a pivotal year for UK employment law, marked by significant legislative changes, ongoing consultations, and precedent-setting judicial decisions. Employers and employees alike must remain vigilant, as many reforms are still in development and could significantly impact workplace dynamics. Staying informed and compliant will be crucial as the legal landscape continues to evolve.
If you would like more information, feel free to get in touch by contacting a member of the team or by emailing info@joneschase.com, or calling 0203 837 9914.
Jones Chase is a specialist employment law firm based in the centre of London with an excellent track record of looking after those that we assist.