Published: December 20, 2023 | Updated: 20th December 2023

Here are the latest employment law changes that may affect your business from 1^st January 2024.

The government, through the Department for Business and Trade, published a paper on 8 November 2023 responding to the consultations on retained EU employment law and calculating holiday pay, the latter in particular for part-year and irregular hour workers. The paper can be found here – Retained EU Employment Law consultation response (publishing.service.gov.uk)

The paper runs to 49 pages, so I have summarised it below by answering key questions concerning its contents.

Why did the consultations, and this response, happen?

The government believe that three areas of retained EU employment law require reform, namely:

• Record keeping requirements under the Working Time Regulations (WTR);
• Simplifying annual leave and holiday pay calculations in the Working Time Regulations; and
• Consultation requirements under the Transfer of Undertakings (Protection of Employment) Regulations (TUPE).

In addition, the Supreme Court’s decision in the Harpur Trust v Brazel case resulted in part-year workers being entitled, in certain situations, to a greater annual leave entitlement than part-time workers who work the same number of hours across the year. The government are looking to, in effect, reverse the Brazel case and, as a result, simplify how holiday is calculated for part-year and irregular hour workers.

What is the government’s...

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