Family friendly rights in the workplace in 2024 – what do employers need to know

This year has seen several changes to the landscape for family friendly rights in the workplace.

What are the main changes?

Flexible working

As an employee, it is now easier to apply for flexible working. Employees can make a request for flexible working from the first day of employment and can make two statutory flexible working requests in a twelve month period. They no longer need to explain the effect their flexible working request might have on the business or how it could be dealt with.

It is subsequently harder for an employer to reject a request. A business now only has 2 months to consider a request and it has to consult with an employee before refusing a request. The onus is very much on accepting requests and reaching compromises rather than rejecting a request outright.

Whilst these changes will make it easier for employees to work flexibly; employers need to think carefully about how they respond to request and how to treat competing requests. All business should introduce a flexible working policy and train managers to make the process clear and transparent and manage expectations.

Protection from redundancy during family friendly leave

Employees who are pregnant or on maternity, adoption or shared parental leave now have additional protection from being made redundant.

Since 6 April 2024, employees in these categories are entitled to be offered a suitable alternative vacancy during a redundancy situation ahead of other affected employees. This protection lasts from the time they notify their employer of the pregnancy until 18 months after the expected date of childbirth (for maternity leave) or the date of birth or the placement (for shared parental leave and adoption leave).

Employers carrying out redundancy exercises need to carefully identify individuals in these categories and take this into account when planning consultation meetings and discussing existing vacancies.  If handled incorrectly, employees may be able to argue they have been discriminated against.

Employers also need to consider any practical impacts of the new rules. For example, if a person on leave accepts a suitable alternative vacancy, the business may need to temporarily recruit someone to cover the role until the person returns to work.

Paternity leave

Employees taking paternity leave now have more flexibility over when they take it.

Since 6 April 2024, the 2 weeks statutory paternity leave can be taken at any time in the first year of a child’s live (or adoption) with just 28 days’ notice. It can be taken as either a two week block or two separate one week blocks.

Employers can no longer presume that a partner will take paternity leave in the first month of a child’s life and managers need to discuss individual arrangements with those they manage.

Carer’s leave

Perhaps the biggest change this year is a new unpaid leave entitlement for those with caring responsibilities.

Individuals are entitled to a week of unpaid leave if they care for a dependant with a long-term care need; such as a disability, age related care or an illness or injury requiring care for 3 months or more. It covers the employee’s spouse, civil partner, child or parent, or someone who otherwise lives in the employee’s household (excluding lodgers & tenants) or who reasonably relies on the employee to provide or arrange care.

As this is unpaid leave it may not have a big impact for those with long term caring responsibilities. But as more and more employees take on caring responsibilities. employers need to be aware of this right and ensure employees can take this leave and are not treated badly for exercising this right.

Concluding comments

These new developments all add to the existing family friendly rights for employees, including time off for dependents, parental leave, maternity, paternity, adoption and shared parental leave, parental bereavement leave and compassionate leave.

Employers need to be aware of these rights, review and update their policies and procedures and ensure requests to exercise any of these rights are handled appropriately and fairly.  If an employer refuses to honour the right, an employee can raise a grievance to challenge the decision and, in some circumstances, the situation can be challenged in an employment tribunal.

If you have any questions about the recent changes to family friendly rights in the workplace or would like specific advice on how they affect your business, please contact Charlotte Farrell and Tabytha Cunningham at Paris Smith LLP on [email protected] or on 02380 482134.