Get in touch
To contact us, please fill out this form and we will get back in touch as soon as possible. Your personal data will be processed in accordance with our privacy policy which can be found here.
Following consultations earlier in the year, the Government has now published draft legislation setting out important changes to the law on holiday pay and entitlement, working time records and TUPE consultations. The Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023 are expected to take effect from 1 January 2024 and will: allow employers to “roll up” holiday pay for irregular workers and part-year workers (which greatly simplifies the holiday pay calculation); remove the current requirement for employers to keep records of daily working hours for the majority of staff; and allow small businesses and/or businesses undertaking small transfers to consult directly with employees regarding a TUPE transfer (instead of electing and consulting with employee representatives).
The key changes can be summarised in more detail as follows:
Hannah Ball comments:
These changes are a breath of fresh air, and most of them will be widely welcomed by employers (who will find it much easier to ensure compliance with their legal obligations in respect of holiday pay, working time and TUPE consultation). In particular, the introduction of rolled up holiday pay will be a huge relief, since calculating the holiday pay of irregular workers has proved complex in the past, often placing a disproportionate administrative burden on employers. The ability for businesses of any size to directly consult with employees where there is a small TUPE transfer also adopts a common-sense approach which avoids the need to elect employee representatives, and will help simplify and speed up the TUPE consultation process.
If you have any questions about the upcoming changes under the new Regulations, please contact a member of the team here.
The information on this site about legal matters is provided as a general guide only. Although we try to ensure that all of the information on this site is accurate and up to date, this cannot be guaranteed. The information on this site should not be relied upon or construed as constituting legal advice and Howes Percival LLP disclaims liability in relation to its use. You should seek appropriate legal advice before taking or refraining from taking any action.
To contact us, please fill out this form and we will get back in touch as soon as possible. Your personal data will be processed in accordance with our privacy policy which can be found here.