Back

Please note our offices and reception are closed on Good Friday and Easter Monday. We will re-open as usual at 9am on Tuesday 22 April.

Get in Touch Menu

New employment rights regulations drafted

10 November 2023

The government has published the draft Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023, which are likely to come into force as soon as 1 January 2024.

As drafted, these new regulations overturn some recent EU case law (for example, the calculation of holiday pay for irregular hours workers), but also reaffirm some existing EU case law in the statute books (carrying over of holiday when on leave, for instance).

It is arguably the biggest shake up in employment legislation that we’ve seen for some time.

In summary, the effect of the new regulations is as follows:

Holiday pay

  • Defining ‘normal remuneration’ to include commission and other payments (regular overtime payments, for example)
  • Rolled-up holiday pay (the traditional 12.07% calculation) will now be lawful for those who work irregular hours.

Holiday carry over

  • EU case law in respect of holiday carry over when on sick or statutory leave has been mirrored in the regulations to ensure it will still apply.

Working time

  • Removing the requirement to keep detailed records of working hours and rest breaks for all staff, ‘provided that the employer is able to demonstrate compliance [with the Working Time Regulations] without doing so.’

TUPE consultation

  • After 1 July 2024, businesses with fewer than 50 employees, and businesses of any size transferring of 10 or less employees under TUPE, can consult with employees direct, if there are no existing representatives.

We will keep you updated as and when the regulations come into effect.

Our expert employment law team is here to provide any advice you may need in this area, so please do get in touch.

Contact us

Our Legal 500-rated employment law team are experts in guiding businesses of all sizes and backgrounds through a range of issues that may arise.

Disclaimer: All legal information is correct at the time of publication but please be aware that laws may change over time. This article contains general legal information but should not be relied upon as legal advice. Please seek professional legal advice about your specific situation - contact us; we’d be delighted to help.
Contact
Jenny Hawrot LLB (Hons)
Partner
View profile
Related services
Share this article
Resources to help

Related articles

Employment Rights Bill: Employees to benefit from guaranteed hours & rights relating to shifts

Employment & business immigration

The Employment Rights Bill is shaking things up, with employees expected to benefit from guaranteed hours and rights relating to shifts. The government is committed to ending one-sided flexibility and…

Simon Pathé FCILEx
Partner, chartered legal executive

Supreme Court makes landmark decision on gender definitions

Employment & business immigration

The Supreme Court has unanimously allowed the appeal for For Women Scotland Limited and has provided clarity on how ‘woman’, ‘man’ and ‘sex’ are to be defined. The decision acts…

Hifsa O'Kelly LLB (Hons)
Senior associate, solicitor

Employment Rights Bill: Changes to statutory sick pay

Employment & business immigration

As part of the all new Employment Rights Bill, it’s likely that changes to statutory sick pay could significantly impact you and your business. When the Employment Rights Bill becomes…

Simon Pathé FCILEx
Partner, chartered legal executive
Contact us