Welcome to our latest Coffee Break in which we look at the latest legal and practical developments impacting employers

Consultation on proposed reforms to working time and TUPE

Following the government's announcement that it would be consulting on changes to the Working Time Regulations and Transfer of Undertakings (Protection of Employment) Regulations (TUPE), it has now published its consultation on these proposals, as well as setting out its position on other regulations derived from EU employment law. The consultation closes on 7 July.

In addition to our summary last week, particular points of note include:

• As part of the proposals to merge the current four weeks and 1.6 weeks of statutory holiday entitlement into one, the government has confirmed that it is seeking to provide more clarity around calculating a worker's leave in the first year of employment and the rate at which holiday is paid. On this second point, the consultation document notes that what is considered "normal remuneration" is not clearly defined in the WTR or European and domestic case law and that it "would be significantly challenging to write into legislation". The government is therefore seeking views from employers and workers on how holiday pay is currently calculated and how they think it should be defined.
• The proposal to permit rolled-up holiday pay is a reflection of the fact that "the labour market has changed significantly" since the WTR were introduced with the consultation stating...

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