Draft Statutory Instrument amending the Working Time and TUPE Regulations

The Government has laid before parliament a Draft Statutory Instrument amending the Working Time and TUPE Regulations which can be viewed here 

The amendments provide for the following changes:

1. Amendments to clarify the requirement to keep records in respect of working time;
2. Working Time Regulation (WTR) Amendments which restate and set out EU rights that would otherwise be revoked by the Retained EU (Revocation and Reform) Act 2023 concerning the carry over of annual leave under the WTR, in various different situations including sickness, failure to recognise employment status, failing to afford the right to paid annual leave and as a result of being unable to exercise the right as a result of statutory leave, and defining normal pay under regulation 13 of the Working Time Regulations (WTR)
3. WTR Amendments in response to Supreme Court decisions to provide that leave for part year workers and irregular hours workers will accrue from 1 January 2024 at the rate of 12.07% of hours worked and will be paid at the rate of 12.07% of pay in a pay period.
4. TUPE Reforms to the consultation requirement for small businesses of fewer than 50 employees or transfers involving fewer than 10 employees, which will mean that if there are no worker representatives the employees can be directly consulted.
5. WTR amendment setting 31 March 2024 as a backstop for the carry-over of leave under the Covid 19 provisions.