The EZHR Weekly Update 24th May 2023

In this week's update, we talk about all things:

• what's changing in the EU Retained Law Bill 

• how a sexually explicit song was cited in a harassment claim 17 months later

This week we see the sunset on the EU Retained Law Bill and some case law on where Banter goes wrong.

As part of the review of the EU Retained Law Bill, the government has announced plans to abolish the need for employers to document work hours and simplify holiday pay calculations as part of a broader effort to reduce administrative and regulatory burdens post-Brexit.

The government has backed down from the plan to automatically revoke thousands of EU-derived laws by 2023 end.

As part of the changes, they look to implement the following changes to holiday pay as part of the consultation:

·       The government will clarify that businesses do not have to keep a record of the daily working hours of their workers.

·       They want to simplify the system of annual leave and holiday pay calculations. It proposes to achieve this by –

·       Creating a single annual leave entitlement of 5.6 weeks (including Bank Holidays)

·       Allowing carry forward of 1.6 weeks’ leave to the following leave year if agreed in writing between employer and employee, more can be carried over but only where an individual has been unable to take leave due to long-term sickness absence or a form of family leave.

·       During the first year of employment, workers will accrue their annual leave entitlement at the end of each pay period.

·       Setting a clear rate for holiday pay, this could be basic pay or normal pay (which would include regular overtime pay, regular commission and regular bonuses).

·       Allowing employers to pay the holiday pay percentage of 12.07% for those entitled to it.

The Transfer of Undertakings (Protection of Employment) (TUPE) Regulations are set to be reformed. Businesses employing less than 50 people and transfers affecting fewer than 10 employees will be exempted from certain requirements, allowing direct consultation with employees.

The duration of non-compete clauses in employment contracts will be limited to three months. This is aimed at giving employees greater flexibility in switching to competitor firms.

In reality, the impact of these changes won't be seen until we have completed the consultation process, there are some positives for employers with some practical changes but we need to understand how these will be applied.

A recent case highlights the importance of maintaining professional behaviour in workplace settings. A law firm partner was fined £45,000 after performing an inappropriate song at a company event, which resulted in the humiliation and shock of a junior colleague.

He has been encouraged by the Claimant to “say something outrageous” at a work event. The song was recorded and 17 months later the Claimant was overlooked for a promotion.

The reason for concern is that a claim like this would normally be classed as being out of time, but was considered as cited that she felt vulnerable at the time of the initial incident. 

This case serves as a reminder to ensure respectful and professional behaviour, even when at work events. It also reinforces the need to address incidents promptly and provide support to employees who may feel vulnerable in reporting misconduct.

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