Hampshire &amp; Isle of Wight


<figure class="wp-block-image size-full"><img decoding="async" loading="lazy" width="1500" height="1000" src="https://dev.muddystilettos.co.uk/hants/wp-content/uploads/sites/17/2024/07/Pregnant-woman-child.jpg" alt="Pregnant woman and daughter family friendly rights employment workplace" class="wp-image-34444" srcset="https://dev.muddystilettos.co.uk/hants/wp-content/uploads/sites/17/2024/07/Pregnant-woman-child.jpg 1500w, https://dev.muddystilettos.co.uk/hants/wp-content/uploads/sites/17/2024/07/Pregnant-woman-child-800x533.jpg 800w, https://dev.muddystilettos.co.uk/hants/wp-content/uploads/sites/17/2024/07/Pregnant-woman-child-1000x667.jpg 1000w, https://dev.muddystilettos.co.uk/hants/wp-content/uploads/sites/17/2024/07/Pregnant-woman-child-768x512.jpg 768w" sizes="(max-width: 1500px) 100vw, 1500px" /></figure>



<p>It might not have dominated the headlines but there’s been a significant number of changes to legal rights and guidelines in employment law this year. Some have the potential to make a big difference to modern families struggling with work-life balance, childcare and flexible working opportunities.</p>



<p>Here, Charlotte Farrell and Tabytha Cunningham, Partners and employment law specialists at Hampshire’s <a href="https://parissmith.co.uk/" target="_blank" rel="noreferrer noopener">Paris Smith Solicitors</a> tell us what’s changed and how it could help parents and others with caring responsibilities.</p>



<h2 class="wp-block-heading" id="h-flexible-working">Flexible working</h2>



<figure class="wp-block-image size-full"><img decoding="async" loading="lazy" width="1500" height="1000" src="https://dev.muddystilettos.co.uk/hants/wp-content/uploads/sites/17/2024/07/Family-working.jpg" alt="Mother with kids on laptop in kitchen family rights working employment" class="wp-image-34446" srcset="https://dev.muddystilettos.co.uk/hants/wp-content/uploads/sites/17/2024/07/Family-working.jpg 1500w, https://dev.muddystilettos.co.uk/hants/wp-content/uploads/sites/17/2024/07/Family-working-800x533.jpg 800w, https://dev.muddystilettos.co.uk/hants/wp-content/uploads/sites/17/2024/07/Family-working-1000x667.jpg 1000w, https://dev.muddystilettos.co.uk/hants/wp-content/uploads/sites/17/2024/07/Family-working-768x512.jpg 768w" sizes="(max-width: 1500px) 100vw, 1500px" /></figure>



<p>This year has seen several changes to the landscape for family friendly rights in the workplace. The number of people in the workplace who have caring responsibilities for children, parents, family members and friends has increased considerably over recent years. This new array of rights are geared to support all those in this situation in the workforce.</p>



<p>The most significant change has been an expansion of the flexible working regime, introduced in April 2024. Since then, the right to request flexible working has become a day one right. An employee can make two (previously one) statutory flexible working requests in any twelve-month period and employers only have two months (previously three) to consider and respond to flexible working requests.</p>



<p>Moreover, the employee no longer needs to explain the effect on the business of the flexible working request or how such effect might be deal with. Employers must also consult with employees before rejecting a flexible working request.</p>



<p>The hope, of course, is that these changes will make it easier for all employees to achieve a better work life balance, leading to happier more motivated staff. The change allowing employees to request flexible working from day one will also place more pressure on employers to consider flexible working at the recruitment stage, which is a positive change.&nbsp;</p>



<p>The changes to the process also place more pressure on employers to treat requests fairly and consider them with an aim to reaching agreement, where possible. (If you’re thinking of making a flexible working request, check out our previous article on how best to go about it – INSERT LINK).</p>



<h2 class="wp-block-heading" id="h-protection-from-redundancy">Protection from redundancy</h2>



<p>There’s been a further key change to the rules surrounding redundancy for those who are pregnant or on maternity, adoption or shared parental leave, offering employees more protection during this period.</p>



<p>For some time, women on maternity leave facing redundancy have been entitled to be offered a suitable alternative vacancy ahead of other employees. Since April 2024, this has been extended to cover pregnant employees and now applies from the time they inform their employer they are pregnant 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). </p>



<p>This has considerably widened the amount of people protected by these rules during a redundancy situation and the length of time the protection applies.</p>



<h2 class="wp-block-heading" id="h-paternity-leave">Paternity leave</h2>



<figure class="wp-block-image size-full"><img decoding="async" loading="lazy" width="1500" height="1000" src="https://dev.muddystilettos.co.uk/hants/wp-content/uploads/sites/17/2024/07/Dad-child.jpg" alt="family friendly rights employment workplace dad and child" class="wp-image-34445" srcset="https://dev.muddystilettos.co.uk/hants/wp-content/uploads/sites/17/2024/07/Dad-child.jpg 1500w, https://dev.muddystilettos.co.uk/hants/wp-content/uploads/sites/17/2024/07/Dad-child-800x533.jpg 800w, https://dev.muddystilettos.co.uk/hants/wp-content/uploads/sites/17/2024/07/Dad-child-1000x667.jpg 1000w, https://dev.muddystilettos.co.uk/hants/wp-content/uploads/sites/17/2024/07/Dad-child-768x512.jpg 768w" sizes="(max-width: 1500px) 100vw, 1500px" /></figure>



<p>The new changes aren’t solely for mums. Rules on paternity leave have also changed. Since April 2024 the standard two weeks paternity leave can now be taken as either a two-week block or two separate one week blocks. The leave can be taken in the first year of the child’s birth or adoption and employees now only need to give 28 days’ notice to take the leave.</p>



<p>Although this amount of leave is still low it will at least give those taking paternity leave more flexibility over when they take their leave to fit with the needs of their family. Increasingly, many employers are recognising the importance of paternity leave too and providing additional leave over and above the minimum requirement.&nbsp;</p>



<h2 class="wp-block-heading" id="h-carer-s-leave">Carer’s leave</h2>



<p>Finally, a new unpaid leave entitlement has been introduced for those with caring responsibilities. Individuals are now entitled to at least a week of unpaid leave if they care for a dependant with a long-term care need. ‘Dependent’ is defined widely and includes the employee’s spouse, civil partner, child or parent of the employee, or someone who otherwise lives in the employee’s household (excluding lodgers and tenants) or who reasonably rely on the employee to provide or arrange care. This could cover most family relationship and friendships, if the person is dependent on them.</p>



<p>A ‘long-term care need’ is also broadly defined. It covers illness or injury (physical or mental) that requires (or is likely to require), care for more than three months, including those with disabilities; or those requiring care for a reason connected with old age.</p>



<p>This new right offers another option for those with caring responsibilities to take time off. Although, as an unpaid option, it’s likely to have limited impact for those with long term caring responsibilities which require regular support and time, it is a move in the right direction and has already led to many employers introducing more generous carer policies.</p>



<h2 class="wp-block-heading" id="h-what-to-do-if-you-have-concerns">What to do if you have concerns</h2>



<p>While many employers have updated their policies to recognise the changes, this isn&#8217;t always the case.</p>



<p>If an employee wants to take up one of these rights, the starting point is to clearly explain to their employer what the right is, why they want to take it and why they believe they qualify for it. (ACAS provides a lot of useful guidance on family friendly rights which can be helpful as a starting point in this situation).</p>



<p>If for any reason an employer refuses to provide the right, the internal grievance process will usually be the employee’s next port of call.  Alternatively, for concerns, relating to a flexible working request outcome or a redundancy decision, employees have the right to appeal the decision.</p>



<figure class="wp-block-image size-full"><img decoding="async" loading="lazy" width="1000" height="667" src="https://dev.muddystilettos.co.uk/hants/wp-content/uploads/sites/17/2023/07/Charlotte-Tabytha-Paris-Smith-montage.jpg" alt="Charlotte Farrell and Tabytha Cunningham, partners and employment law specialist at Hampshire’s Paris Smith Solicitors" class="wp-image-31535" srcset="https://dev.muddystilettos.co.uk/hants/wp-content/uploads/sites/17/2023/07/Charlotte-Tabytha-Paris-Smith-montage.jpg 1000w, https://dev.muddystilettos.co.uk/hants/wp-content/uploads/sites/17/2023/07/Charlotte-Tabytha-Paris-Smith-montage-800x534.jpg 800w, https://dev.muddystilettos.co.uk/hants/wp-content/uploads/sites/17/2023/07/Charlotte-Tabytha-Paris-Smith-montage-768x512.jpg 768w, https://dev.muddystilettos.co.uk/hants/wp-content/uploads/sites/17/2023/07/Charlotte-Tabytha-Paris-Smith-montage-787x525.jpg 787w" sizes="(max-width: 1000px) 100vw, 1000px" /></figure>



<p><em>For specific legal advice relating to employment law queries, contact Charlotte Farrell or Tabytha Cunningham. Email ER@parissmith.co.uk, Tel. 023 8048 2134.</em></p>


Family rights in the workplace – are you up to date?

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