Our monthly employment law round up.

Draft Code of Practice on Dismissal and Re-engagement published

In the wake of significant publicity surrounding large employers using controversial "fire and re-hire" strategies to alter the terms and conditions of their workers, the Draft Code of Practice on Dismissal and Re-engagement was published on 24 January. The Code aims to set out good industrial practice when terms and conditions need altered, and makes clear dismissal and re-engagement should only be used as a last option. Once in force, employment tribunals will have to take the Code into account when considering relevant claims. Any employer being found to have unreasonably failed to comply with the Code risks an uplift of 25% being made to any compensation awarded.

UK Government proposing changes to way holiday entitlement for part year workers is calculated

The UK Government has issued a consultation paper addressing the issues arising from the 2022 Supreme Court judgment in Harper Trust v Brazel. The judgment created a disparity where part-year workers are entitled to more paid holiday than part-time workers who work the same hours but work across the whole year. The UK Government is proposing to make holiday entitlement proportionate to hours worked to address this. This would be done by using a 52 week reference period that includes weeks when no work is done. Currently weeks where no work is done are ignored, hence creating the disparity. Agency workers (for whom a...

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