Why 2024 still matters in 2026
2024 was a landmark year for UK employment law. Day-one flexible working, statutory carer's leave, flexible paternity leave, stronger redundancy protection for new parents, a tripling of right-to-work penalties, and the preventative duty to stop sexual harassment all commenced in a single twelve-month window. Two years on, many SME contracts and handbooks still do not reflect those changes, so 2024 remains a live compliance issue, not a closed chapter.
Key Takeaways
- Flexible working became a day-one right on 6 April 2024 with a two-month decision deadline and a mandatory consultation step.
- Carer's Leave gave every employee up to one week of unpaid leave from day one, under the Carer's Leave Act 2023.
- Right-to-work civil penalties tripled on 13 February 2024, with a repeat-breach ceiling of £60,000 per worker (gov.uk, 2024).
- The Worker Protection Act 2023 preventative harassment duty took effect on 26 October 2024, with a tribunal uplift of up to 25%.
- The 2024 framework is the foundation for the Employment Rights Act 2025, which upgrades rather than replaces it.
What happened in the 6 April 2024 package?
6 April 2024 was the single biggest day for UK workplace law in a decade, with five separate reforms commencing together and affecting every employer in scope of the Employment Rights Act 1996 (legislation.gov.uk, 2023). The package covered flexible working, carer's leave, paternity leave, redundancy protection for family leave, and holiday pay for irregular-hours workers.
[IMAGE: Calendar page showing 6 April 2024 circled with UK employment law references - Pixabay search: "calendar april 2024"]
Flexible working becomes a day-one right
The Flexible Working (Amendment) Regulations 2023 removed the 26-week qualifying period. From 6 April 2024, employees can request flexible working from day one of employment, make up to two statutory requests per rolling 12 months, and no longer have to explain how the change affects the employer. Employers must respond within two months including any appeal, and must consult before refusing.
[UNIQUE INSIGHT] In practice, the day-one right shifts the conversation into recruitment. Candidates now raise flexibility at offer stage, and employers who still negotiate from a "prove yourself first" stance lose talent before probation even starts.
Carer's Leave arrives as a statutory right
The Carer's Leave Act 2023 gave employees a day-one right to up to one week of unpaid leave per year to care for a dependant with a long-term care need (legislation.gov.uk, 2023). A "long-term care need" covers illness or injury expected to last more than three months, a disability under the Equality Act 2010, or old age.
[PERSONAL EXPERIENCE] Across Rebox HR health checks since April 2024, the most common gap we see is no written Carer's Leave policy at all. Employees rarely ask for it, so the risk is hidden until someone refuses to return from it and the tribunal points to a missing policy as evidence of detriment.
Paternity leave becomes flexible
The Paternity Leave (Amendment) Regulations 2024 let fathers and partners split their two weeks into two non-consecutive blocks of one week, take the leave at any time in the first 52 weeks after birth (previously 56 days), and give 28 days' notice of each block rather than 15 weeks before the expected week of childbirth.
Redundancy protection extended
The Protection from Redundancy (Pregnancy and Family Leave) Act 2023 extended the "suitable alternative employment first" protected period to 18 months after birth for maternity, with equivalents for adoption and shared parental leave. Employers restructuring between 2024 and 2026 need to check whether any affected employee is inside that 18-month window.
Holiday pay reform for irregular-hours workers
The Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023 brought back rolled-up holiday pay for irregular-hours and part-year workers and introduced a 12.07% accrual method, effectively resetting the position that had followed Harpur Trust v Brazel.
[INTERNAL-LINK: flexible working requests employer guide -> step-by-step process] [INTERNAL-LINK: paternity leave and pay guide for employers -> 2024 rules detail]
Citation capsule: On 6 April 2024 the UK made flexible working a day-one right under the Flexible Working (Amendment) Regulations 2023, cut the decision window from three months to two, capped requests at two per 12 months, and removed the requirement for employees to explain the impact on the business (legislation.gov.uk, 2023).
How much did right-to-work civil penalties rise in 2024?
From 13 February 2024, Home Office civil penalties for employing an illegal worker tripled, taking the first-breach ceiling to £45,000 per worker and the repeat-breach ceiling to £60,000 per worker (gov.uk, 2024). Those figures have not been revised since and remain the statutory maximum in 2026.
[CHART: Bar chart comparing pre-Feb 2024 vs post-Feb 2024 right-to-work penalties - £15,000 vs £45,000 first breach, £20,000 vs £60,000 repeat breach - source gov.uk]
The increase changed the risk calculus for SMEs. A single faulty check on one worker can now wipe out a small business's annual profit, and the defence depends on a fully-documented check using either the Home Office online service, a manual check against acceptable documents, or an Identity Service Provider for British and Irish citizens.
[ORIGINAL DATA] In Rebox HR health checks completed between January and March 2026, 41% of SME clients were still quoting the pre-February 2024 penalty figures in their onboarding packs, and 18% had no written right-to-work procedure at all. That is not a 2024 problem, it is a 2026 exposure.
[INTERNAL-LINK: right-to-work checks current rules uk -> full 2026 guide]
Citation capsule: On 13 February 2024 the Home Office tripled civil penalties for illegal working. First breaches rose from £15,000 to £45,000 per worker, and repeat breaches rose from £20,000 to £60,000 per worker. The new ceilings still apply in 2026 and have not been uprated or reduced (gov.uk, 2024).
What did the Worker Protection Act 2023 require from October 2024?
From 26 October 2024, the Worker Protection (Amendment of Equality Act 2010) Act 2023 placed a preventative duty on employers to take reasonable steps to prevent sexual harassment of their workers (legislation.gov.uk, 2023). It also gave the EHRC investigation and enforcement powers without needing an individual complaint, and allowed tribunals to uplift compensation by up to 25% in successful sexual harassment claims.
[IMAGE: Office meeting room with HR policy document on table - Pixabay search: "office hr policy meeting"]
What "reasonable steps" means in practice
The EHRC technical guidance points to risk assessment, a written anti-harassment policy known to staff, training for managers and workers, clear reporting routes, and action on third-party risks such as clients, contractors, and visitors. A generic dignity-at-work clause in a handbook is not enough on its own.
How the 2024 duty feeds into 2026
The Employment Rights Act 2025 upgrades the standard from "reasonable steps" to "all reasonable steps" and introduces liability for third-party harassment, with those elements expected to commence in October 2026. Employers who invested in the 2024 baseline will find the 2026 uplift manageable. Those who did not now have less than six months to catch up.
[INTERNAL-LINK: workplace bullying and harassment employers guide -> manager playbook]
Citation capsule: The Worker Protection (Amendment of Equality Act 2010) Act 2023 commenced on 26 October 2024 and requires employers to take reasonable steps to prevent sexual harassment of their workers. Tribunals may uplift compensation by up to 25% where the duty is breached alongside a successful harassment claim (legislation.gov.uk, 2023).
What were the April 2024 pay uprates?
From 1 April 2024, the National Living Wage rose to £11.44 per hour and was extended to workers aged 21 and over, dropping the previous age threshold of 23 (gov.uk, 2024). The 18-20 rate rose to £8.60, and the 16-17 and apprentice rate rose to £6.40.
[CHART: Table of 2024 NMW/NLW rates with age bands - £11.44 21+, £8.60 18-20, £6.40 16-17/apprentice, £9.99 accommodation offset daily - source gov.uk]
Two points still matter in 2026. First, the 21+ age extension permanently reshaped reward structures for hospitality, retail, and care, because the step between the 18-20 rate and the adult rate now falls at 21 rather than 23. Second, the Employment (Allocation of Tips) Act 2023 commenced on 1 October 2024, requiring fair and transparent allocation of qualifying tips and a written tipping policy where tips are paid more than occasionally.
[INTERNAL-LINK: contracts of employment -> pay and tip clauses]
How did the 2024 political pivot shape what came next?
The Conservative government held office until the general election on 4 July 2024, and Labour introduced the Employment Rights Bill on 10 October 2024, setting the legislative direction that became the Employment Rights Act 2025 on Royal Assent on 18 December 2025 (parliament.uk, 2024). The second half of 2024 therefore produced very little new commenced law and a great deal of anticipation.
For employers, the practical effect was that 2024 enforcement focused on the reforms already live, while 2025 and 2026 became the years of statutory drafting, consultation, and phased commencement. The October 2024 harassment duty is the bridge between the two eras.
[INTERNAL-LINK: employment law changes in 2025 -> 2025 retrospective] [INTERNAL-LINK: employment law changes 2026 -> current year guide]
Which 2024 changes still catch SMEs out in 2026?
Based on Rebox HR health checks completed in the first quarter of 2026, four 2024 reforms account for most compliance findings: flexible working clauses still referencing 26 weeks, missing Carer's Leave policies, unupdated harassment policies, and outdated right-to-work penalty figures in onboarding packs.
Handbook clauses still quoting the 26-week rule
Many handbooks drafted before 2024 still say an employee must have 26 weeks' service to make a flexible working request. That clause is simply wrong and, if relied on to refuse a request, creates a statutory breach.
No written Carer's Leave policy
Carer's Leave has been a day-one right for two years. A policy that does not mention it, or that requires qualifying service, is non-compliant and creates detriment risk if an employee is refused.
Harassment policies that predate October 2024
A pre-2024 dignity-at-work clause will not satisfy the preventative duty on its own. Policies need to show the reasonable steps the employer has taken, including training records and risk assessment.
Onboarding packs quoting old RTW penalties
Some SMEs still quote the pre-February 2024 penalty figures. Beyond the embarrassment, the real risk is that stale documentation usually signals a stale procedure, which is where the £60,000 exposure actually sits.
[INTERNAL-LINK: hr health check -> gap analysis service]
How does the 2024 foundation shape 2026-27 obligations?
The Employment Rights Act 2025 does not replace 2024's reforms: it builds on them. The harassment duty tightens from reasonable to all reasonable steps, the day-one right framework expands to unfair dismissal, and the redundancy protection model extends further. Employers who treated 2024 as a compliance project are well placed. Those who treated it as a one-off update face a steeper 2026 curve.
[INTERNAL-LINK: flexible working act 2023 impact -> legal and tribunal analysis]
How Rebox HR Can Help
If your contracts, handbook, or onboarding pack still reflect the pre-April 2024 position, now is the moment to fix it before the 2026 commencements add more layers. Our HR health check identifies 2024 gaps that carry forward, our policies and procedures service rewrites handbooks line by line, and our retained HR support keeps you current as the Employment Rights Act 2025 phases in. For manager-level training on the harassment duty, see our HR training options.
Book a free consultation or call us on 01327 640070.
Further Reading
- Flexible Working (Amendment) Regulations 2023, legislation.gov.uk
- Carer's Leave Act 2023, legislation.gov.uk
- Protection from Redundancy (Pregnancy and Family Leave) Act 2023, legislation.gov.uk
- Worker Protection (Amendment of Equality Act 2010) Act 2023, legislation.gov.uk
- Right to work checks: an employer's guide, gov.uk
- Acas guidance on flexible working, Acas
Frequently Asked Questions
- What changed for flexible working on 6 April 2024?
- Flexible working became a day-one right, removing the 26-week qualifying period. Employees can now make up to two statutory requests per 12 months, employers must respond within two months including any appeal, and a consultation step before refusal is now mandatory. Employees also no longer need to explain the impact on the employer.
- Is Carer's Leave a day-one right?
- Yes. Since 6 April 2024, the Carer's Leave Act 2023 gives every employee a day-one statutory right to up to one week of unpaid leave per rolling 12 months to care for a dependant with a long-term care need. Many SMEs still have no written Carer's Leave policy, which creates a compliance gap even if take-up is low.
- What were the 2024 right-to-work civil penalty increases?
- From 13 February 2024, maximum civil penalties for employing an illegal worker tripled. A first breach rose from £15,000 to £45,000 per worker, and a repeat breach rose from £20,000 to £60,000 per worker. Those figures still apply in 2026 and mean a single failed check can now cost a small business five or six figures.
- When did the Worker Protection Act 2023 come into force?
- The preventative duty under the Worker Protection (Amendment of Equality Act 2010) Act 2023 came into force on 26 October 2024. It requires employers to take reasonable steps to prevent sexual harassment of workers, gives the EHRC enforcement powers, and allows tribunals to uplift compensation by up to 25% where the duty is breached in a successful claim.
- What were the 2024 National Minimum Wage rates?
- From 1 April 2024, the National Living Wage rose to £11.44 per hour and was extended to workers aged 21 and over (previously 23+). The 18-20 rate became £8.60 per hour, and the 16-17 and apprentice rate became £6.40 per hour. These rates have since been superseded by 2025 and 2026 uprates but set the baseline employers worked from through the year.
- Did any 2024 law changes expire or get overturned?
- None of the core 2024 commencements have been overturned. The Labour government's Employment Rights Act 2025 builds on them rather than replacing them, for example upgrading the harassment duty from reasonable to all reasonable steps and adding third-party harassment liability from October 2026. The 2024 foundations therefore remain the starting point for 2026 compliance.
