Under the consultation spotlight record keeping holiday leave and pay and TUPE
19 May 2023
19 May 2023
Hot on the heels of the government's policy paper titled 'Smarter Regulation to Grow the Economy' (see our client briefing here), the government has published its consultation paper on three areas of retained EU employment law:
The consultation closes on 7 July 2023.
The government proposes introducing legislation so that businesses do not have to keep a record of daily working hours of their workers.
The WTR enact the right under the EU Working Time Directive to the four week minimum period of annual leave, but also adds a domestic right to an additional 1.6 weeks' leave. This is effectively 8 additional days of holiday, which is equivalent to the number of usual UK bank holidays in each year. Therefore, under the WTR, the standard annual statutory holiday entitlement for a full time worker who works five days per week is 28 days (5.6 weeks).
For reasons such as the different minimum rates of holiday pay which can be paid for the two periods, this distinction between the two tranches of holiday entitlement is important but creates an additional obligation for some employers' payroll systems.
To ease this administrative burden, the government is consulting on several proposals.
The government is proposing that for businesses with fewer than 50 employees, employers can consult directly with employees on TUPE transfers where there are no existing employee representatives in place rather than organising elections for employee representatives.
Furthermore where fewer than 10 employees are transferring, all businesses will be able to consult directly with employees on the transfer where there are no existing employee representatives.
The government confirms their intention to preserve rights on for example maternity, paternity, adoption and parental leave and protections for part-time, fixed-term workers and agency workers.
For more information on any of the issues raised in this briefing, please speak to your usual Ashurst contact or to any of the people whose contact details are given below.
Authors: Crowley Woodford, Partner; and Ruth Buchanan, Partner.