THE EZHR WEEKLY UPDATE 20th November 2023

In this week’s EZHR update, we talk all things….

✅ 0 hour worker holiday pay   

✅ Covid holiday carry over

✅ Record keeping for working hours

✅ Changes to TUPE

The Government have finally responded to the consultation on the proposed amendments to Working Time Regulations (WTR) and TUPE, these have now been published and now employers have clarity as these changes come into effect from 1st January 2024.  

There’s a lot to get into so we’ll keep it as simple as possible.

12.07% for 0 hour contracts…

Previously those on 0 hour contracts could have 12.07% applied to cover off holiday pay, and then this was repealed. The advice now is that this will be allowed for but only for part-time workers, irregular hours workers and some agency workers.

If a person works a regular shift pattern and none of their work is variable they will need to be treated as a normal employee and the 12.07% can’t be used.

The 12.07% needs to be applied per hourly rate and based on their full rate, this will be enshrined in law for irregular hours workers and part-year workers. In essence, you need to make sure that holiday pay accurately reflects the worker’s total earnings in the relevant pay period.

Covid Holiday Carry Over 

The arrangements on the carryover of annual leave implemented during Covid meaning that workers could carry over four weeks of leave into the next two leave years will be removed.

From 1 January 2024, the normal legislation will apply meaning that employees can carry over up to 1.6 weeks of leave per year where agreed with their employer. The government has stated that any “Covid carry over leave” accrued must be used by 31st March 2024 and will expire at that point.

Record keeping of Working Hours 

Employers only need to keep a record of weekly working hours, there was some confusion following a tribunal judgment, but this will revert back from 1st January.

That said it does not negate the need for employers to ensure that employees get their legal daily and weekly rest periods too.

TUPE

The planned reforms to the TUPE consultation requirements have been approved. What is helpful news, small businesses with fewer than 50 employees or a transfer of fewer than 10 employees means that employers can consult directly with the employees if there are no existing worker representatives.

This simply clarifies what many are doing anyway but is helpful operating with smaller transfers.

If you have any questions on these issues please don't hesitate to contact us at info@ezhr.uk or 0161 843 5678.