Newsletters & Blog

– Employers will have to keep “adequate” records to demonstrate compliance with their obligations under the WTR in relation to the 48-hour week, 8-hour limit on night work etc. The regulations make it clear that there is no need to record a worker’s daily working hours if the employer is able to demonstrate compliance without doing so.

– The introduction of rolled-up holiday pay.

– Leave for part year and irregular hours workers will, from 1 January 2024, accrue at the rate of 12.07% of hours worked and will be paid at the rate of 12.07% of pay in a pay period.
Where the amount of annual leave that has accrued includes a fraction of an hour, the fraction is to be treated as zero if it’s less than 30 minutes and one hour if it’s 30 minutes or more.
A 52-week reference period is to be used for calculating accrual of annual leave.

– The elements of remuneration that should be included in calculations of a week’s pay for holiday pay purposes will remain the same so employers can continue with their current payroll systems.

– There will be a right to carry over annual leave in situations including sickness, a failure to recognise employment status, failing to afford the right to paid annual leave, and as a result of being unable to exercise the right as a result of statutory leave.

– 31 March 2024 is the backstop for the carry over of leave under the Covid 19 provisions.

and

– Small businesses (with fewer than 50 employees) will be able to inform and consult directly with employees in respect of TUPE, and this flexibility will be extended to all businesses where a small transfer of fewer than 10 employees is proposed.

You may have caught the news in December about Deliveroo’s trade union decision. If not here’s the update:

The Independent Workers Union of Great Britain’s decision that the reference to the right of “everyone…to form and to join trade unions” is limited to those who have an “employment relationship” with their employer.

Therefore, Deliveroo’s riders were not covered by the right to form and join a trade union because there was no employment relationship between them.

An employment tribunal has held in a preliminary hearing that the claimant was a disabled person within the meaning of the Equality Act 2010. The claimant argued that her work-related stress amounted to a disability.

The judge concluded that there was no requirement for there to be a formal diagnosis of a mental illness in order for the Tribunal to be satisfied that there is a mental impairment causing a substantial adverse effect on a claimant’s ability to do day to day activities.

Employers be aware – employees may be more likely to allege that their work-related stress is a disability without any formal diagnosis of mental illness.

Possible changes to Fit Notes:

The government has committed to reforming the fit note process so that increased numbers of people can return to work after a period of ill health. There will be a consultation this year on wider reforms to fit notes.

Occupational health:

I am a big believer that Occupational health plays a massive part with all things “human”.

The government are set to establish an expert group to advise on a new voluntary Occupational Health framework which will set out the minimum level of intervention needed to improve employee health at work. It will also work with employers and business representatives to promote best practice in relation to employee ill health and disabilities.

Although the government are not going to make occupational health mandatory for business, I for one would support this as it is a great resource.

Watch this space…

From April 24 the following National Minimum Wage will apply:

The National Living Wage (NLW) – £11.44

The 18 to 20-year old rate – £8.60

The 16 to 17-year old rate and apprentice rate – £6.40

From 1 April 2024, the NLW will be extended from workers aged 23 and over to those aged 21 and 22, who have previously been paid a lower rate.

Please ensure you make preparations and get your payroll’s sorted in time!