The Employment Rights Regulations legislation is likely to take effect from 1 January 2024 and impacts the following:
Holiday pay – the aim is to simplify the holiday pay calculations by making rolled-up holiday (paying 12.07% of hours worked) lawful for part-year workers and those who work irregular hours – think zero hours, casual and part year workers if they are not salaried.
Holiday carry over – if a worker is unable to take their annual leave due to being on family related leave or sickness this will be carried over, this is not a change just a confirmation of some existing case law.
Normal remuneration – will be defined to include commission and regular overtime, again – this is not a change just a confirmation of existing case law.
Working time – removing the requirement to keep detailed records of working hours and rest breaks for all staff, if you can otherwise demonstrate you are compliant- e.g staff work regular consistent hours.
TUPE Consultation – businesses with less than 50 employees, and businesses of any size, transferring 10 or fewer employees under TUPE, can consult with employees direct – providing there are no existing representatives. This removes the requirement to ballot and seek representatives.
Our thoughts to these changes
Overall, we believe this legislation is good news, and it comes out of a government consultation, and it appears they have listened to the frustrations of businesses trying to navigate the case law and out of date legislation. We completely understand this may be frustrating, but hopefully we can find a position that works for you and your employees. At the moment the legislation is in draft so watch this space and we will update when we know more.
In the interim, if you have any other questions or would like clarification please contact us: firstname.lastname@example.org