The government has announced changes to employment laws that are likely to come into effect on 1 January 2024, writes Travlaw’s Partner and Head of Employment Ami Naru. Employers need to be aware of the following changes;
Transfer of Undertakings ( Protection of Employees) Regulations (TUPE)
- Small businesses (less than 50 employees) going through a TUPE transfer of any size can consult with employees directly if there are no existing reps in place. In addition, in relation to small transfers, the simplification for allowing business to consult directly with employees will also apply when there are fewer than 10 employees subject to the TUPE transfer, irrelevant of the size of the business. This will make the consultation process easier for employers.
Working Time Regulations
- Removing the additional working time requirement for employers to record working and rest hours. Again making life easier for employers.
Holiday Pay
- For those who work irregular hours or part-year workers such as seasonal reps, simplifying holiday pay calculations by making it lawful to use the rolled-up holiday pay (12.07%) calculation.
- Defining “normal remuneration” for the purposes of holiday pay to include commission/overtime payments. This in particular is something the travel industry need to pay particular attention to, given that for many in the industry commission forms a regular part of their remuneration. It will no longer be the case these employees can simply be paid their basic pay when taking holidays. Travel employers are urged to take urgent advice if they are still paying basic pay for annual leave.
For help and advice on employment laws within the travel industry, contact;
or call;
0113 258 0033
This article was originally published on: 20 November 2023
