The Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023 were intended to simplify the calculation of holiday pay and entitlement following the UK's departure from the EU. But they seem to have brought as much confusion as clarity. Darren Newman provides some guidance.
Updated to reflect a change to government guidance, which now supports the view that a term-time worker paid throughout the year would meet the definition of a part-year worker.
Updated to reflect that irregular hours and part-year workers with holiday years starting on or after 1 April 2024 can carry over all of their holiday entitlement if they have not used it because of sickness absence.
As a result of how the Easter bank holidays fall in 2024 and 2025, some employers will breach their employees' annual leave rights unless they furnish them with an extra day's annual leave.
A model contract clause to set out terms relating to annual leave and pay for a worker whose holiday year starts on or after 1 April 2024 and who meets the definition of an irregular hours worker or a part-year worker.
Improved throughout to focus on practical guidance for HR and updated to reflect the new accrual method for calculating holiday entitlement for irregular hours and part-year workers, for leave years beginning on or after 1 April 2024.