The start of 2024 has ushered in significant legislative amendments impacting employment laws, directly affecting holiday pay, employment transfer protections, and right-to-work checks. Alongside these legal adjustments, critical issues such as workplace burnout and the implications of software system failures have come to the forefront.
Changes in employment legislation
Key legislative changes that came into effect from January 1, 2024, included amendments to laws concerning holiday pay, Transfer of Undertakings (Protection of Employment), and working time.
Revisions to holiday entitlement
In January, the Government published initial guidance for employers on changes to holiday pay for irregular hours and part-year workers and will come into effect from 1st April 2024.
A revised holiday entitlement scheme has been introduced, where holiday accrual is determined at a rate of 12.07% based on the hours an individual worked in the preceding pay period. Additionally, employers have the option to adopt a rolled-up holiday pay system. Under this system, instead of receiving holiday pay when the holiday is taken, workers can receive an additional 12.07% on top of their regular pay rate when they perform work, effectively integrating their holiday pay into their regular earnings.
Changes to Transfer of Undertakings (Protection of Employment)
The Transfer of Undertakings (Protection of Employment), commonly known as TUPE, occurs when a company or a part of it, or a service, is moved from one employer to another. The TUPE rules are designed to safeguard your rights as an employee during the transition to a different employer.
Starting from January 1, 2024, businesses with less than 50 employees are not obligated to engage in consultations with affected employees through representatives in the event of a TUPE transfer. Additionally, for TUPE transfers occurring on or after July 1, 2024, this exemption applies irrespective of the employer’s size, provided the transfer involves fewer than 10 employees.
Right to work checks
From January this year, the maximum civil penalty for failure to conduct correct “right to work” checks are set to increase to a maximum £60,000 per worker. Therefore, it is vital that your current “right to work” check processes are accurate and compliant with the law, and ensure action is taken quickly if there are any potential issues with one of these checks.
The Burnout Report
In January 2024, the release of the findings of the Burnout Report by Mental Health UK highlighted a critical issue: the alarming rates of burnout among professional workers. This comprehensive study revealed that a significant percentage of these professionals are experiencing severe levels of stress, exhaustion, and a sense of inefficacy. The report identified high or increased workload, unpaid overtime working, and feeling isolated in the workplace as key contributors to this burnout.
Healthcare employers can help their employees by providing or signposting mental health support, such as access to wellness programs, or having some of your employees trained as Mental Health First Aiders. Other considerations could also consist of regular employee check-ins, and recognition of hard work. Continual policy review and adaptation, coupled with training for managers in recognising and addressing employee stress and burnout, will further help in creating a healthier work environment for healthcare professionals.
The Post Office/Horizon system scandal
The Post Office/Horizon system scandal, highlighted in January 2024 after the series ‘Mr Bates vs The Post Office’ was released, serves as a cautionary tale for many sectors, including healthcare, about the risks of using inadequate or inappropriate software systems. This scandal involved a faulty IT system that led to wrongful accusations, legal actions, and severe personal and professional consequences for many individuals. To avoid similar issues in healthcare, there are several key points to consider when choosing software for your healthcare business:
- Regular Updates and Maintenance: Healthcare is a rapidly evolving field. Software systems must be regularly updated to keep pace with new medical practices, regulations, and technologies. Updates should be managed by professionals who understand the healthcare context, such as Agilio’s software products being expert-led by healthcare professionals.
- Data Integrity and Security: Ensuring the accuracy, privacy, and security of data is paramount in healthcare. Systems must have robust safeguards against data breaches and errors – for example, all Agilio products are ISO 27001 certified, an internationally recognised security model providing customers with the assurance of the highest possible standard of validated data audit and system testing.
- Scalability and Flexibility: The systems used by healthcare organisations should be scalable to adapt to different sizes and types of healthcare settings and flexible enough to accommodate changes within them. For example, our people management software solutions can be used by an individual practice or setting and expanded to include several locations under one or more groups.
