28th March 2024

Employment Law Briefing March 2024 – Is Your Business Prepared?

Employment Law Briefing March 2024 – Is Your Business Prepared?

Employment Law Briefing March 2024 – Is Your Business Prepared?

Our Employment team has put together a very brief summary of some key updates which will soon affect you and your business. This is just a snippet of what is in store for 2024. To find out more on what further legal developments are on the horizon, keep an eye on our Events page or get in touch and we’ll be happy to help.

 

Sexual Harassment – Have you exercised your mandatory legal duty to prevent this?

Rewind to December 2018, the Government announced plans to tackle sexual harassment in the workplace – what has happened since?

New legislation has now been passed which requires ALL employers to undertake a proactive legal duty to prevent harassment in the workplace, coming into force on 26 October 2024.

 

What does proactive mean?

Employers are expected to take reasonable steps to prevent sexual harassment in the workplace. This includes but is not limited to: amending and/or drafting of appropriate policies, requiring staff to undergo regular mandatory training on sexual harassment in the workplace and having a clear policy and procedures in line for dealing with suspected incidences of sexual harassment and how this will be investigated and disciplined.

What if I don’t do anything?

  • The Equality and Human Rights Commission will have the power to enforce the duty upon employers
  • Employment Tribunals will have the power to uplift any award for compensation by up to 25%
  • Significant reputational damage

In a survey produced by the Office for National Statistics on 7 December 2023, examining the prevalence of harassment in England & Wales, one quarter of those who had experienced sexual harassment experienced it at work. The number of people experiencing harassment at work is still high – have you done everything you can to prevent it happening at your workplace?

Before this legislation comes into effect in October, you must act now. Our Employment team is offering a “power hour” session on sexual harassment. This will cover all information your workforce should know about what constitutes sexual harassment, how victims can take action, the consequences for perpetrators and the Company in being vicariously liable. We will also address how you, as the employer, can take active steps to prevent sexual harassment in the workplace.

If you would like to know more, please contact David Gibson at dgi@burnetts.co.uk or Annabel Doyle at ald@burnetts.co.uk.

Spring into the New Employment Rates for 2024-25

Do I need to consider a salary increase?

From 1 April 2024:

AgeApril 2023-24  April 2024-25
23 and over£10.42 (National Living Wage)N/A
21 to 22£10.18£11.44 (National Living Wage)
18 to 20£7.49£8.60
Under 18£5.28£6.40
Apprentice£5.28£6.40

From 1 April 2024, workers aged 21 and over will all be entitled to the National Living wage, meaning the 23 and over category will be removed.

Family Friendly Leave

From 7 April 2024 – all of the following family friendly leave payments per week will increase from £172.48 to £184.03.

This covers: Statutory Maternity Pay, Statutory Paternity Pay, Statutory Adoption Pay, Statutory Shared Parental Pay, Statutory Parental Bereavement Pay.

Please note that that the weekly statutory payments can be as described above, or 90% of the employee’s average weekly earnings, whichever is lower.

Statutory Sick Pay (SSP)

From 7 April 2024 – the rate of SSP will increase from £109.40 to £116.75 per week.

Tribunal Compensation Limits – How much?

Also increasing… Financial liability in the Tribunals, coming into effect from 6 April 2024.

The limit on a week’s pay will increase from £643 to £700. This limit is the basis for the calculation of the statutory redundancy payment and the basic award for people whose weekly pay exceeds this limit, making the maximum award for unfair dismissal and statutory redundancy payment £21,000.

The maximum compensatory award for unfair dismissal will increase from £105,707 to £115,115.

These are important figures to be aware of as it could have a bearing on how much you could be required to pay out. Please note that in successful unfair dismissal claims, employees are entitled to a basic and compensatory award. These figures only apply to claims issued in the Tribunals on or after the 6 April 2024.

If you would like further guidance, please just get in touch.