Businesses are being warned to ‘get ready’ over the upcoming rules for annual leave that will come into force in just over a month.
Depending on where you work, getting time off can sometimes be a bit of a mission.
As the UK falls into a recession, many companies and small businesses seem to be a bit short staffed and the idea of holiday leave isn't perhaps as simple as it used to be.
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But ahead of these new rules, businesses are being told 'to stay on their toes'.
As well as holiday leave, the new laws will also mean big changes to redundancy processes, tips, flexible working and sexual harassment at work.
Employment Law Partner Kate Wyatt, of Lindsays, has explained that the 'rules are complex and need careful implementation' and 'don’t apply to regular hours workers'.
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"Come April, employers of part-year or irregular hours workers will have different options on how to assess holiday entitlement and pay, for any new holiday years starting after that date," she wrote in a column for The Scotsman.
"This will include options for calculating holiday entitlement as 12.07 per cent of the hours worked in a pay period and rolling pay for that entitlement up as an addition to basic pay."
She added that staff 'should be reminded well before the end of the holiday year' to take their holidays whenever possible 'to minimise risk of it being carried forward'.
"There will also be redundancy-related protections for employees who are pregnant or on maternity or other family leave." she said.
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"Currently, staff on maternity leave, or some other forms of family leave, whose posts are redundant are entitled to be offered available alternative employment in preference to other at-risk staff – until the period of leave ends.
"From April, enhanced protection will start when an employee tells their employer they are pregnant and extend to 18 months after a child’s birth.
"Although there are some requirements to qualify, the number of staff with priority for alternative roles is likely to increase significantly."
Wyatt also noted that this will bring 'significant changes to flexible working'.
"Not only will employees have the right to request this from their first day in post – rather than after 26 weeks – but they will also have the right to make two applications in a 12-month period," she explained.
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"Thinking through whether a post can be advertised as flexible will make handling early requests more straightforward."
From September onwards, employers will also have to be aware of the additional measures to prevent sexual harassment of their employees.
According to the Worker Protection (Amendment of Equality Act 2010) Act 2023, if an employment tribunal has found that there has been an example of sexual harassment towards employees, they will be 'ordered the respondent to pay compensation to the complainant'.
"The tribunal must consider whether and to what extent the respondent has also contravened section 40A(1) (duty to take reasonable steps to prevent harassment of employees)," the law also states.
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