February Newsletter – This month we’re reviewing the changes to part time workers holiday pay as a result of the Brazel case, King Charles and changes to flexible working regs.
Holiday’s for part year workers…
Depending on which sector you work in, you may (or may not) have heard about the ongoing issues regarding the Brazel case in relation to part year workers holiday pay.
A recent statement from the government says: “As a result of the judgment in Harpur Trust v Brazel, part-year workers are now entitled to a larger holiday entitlement than part-time workers who work the same total number of hours across the year. The Government is keen to address this disparity to ensure that holiday pay and entitlement received by workers is proportionate to the time they spend working.”
If you employ people on a part year basis (e.g. term time only, zero hours contracts etc). then it is worth you paying attention as it will affect how holiday pay for part year workers is to be calculated. The government remain in a “period of consultation” on whether they will be overturning the decisions on holiday pay for part year workers Consultation ends on 9th March 2023 and rest assured we’ll keep you updated of any progress. For those of you that want to know more now, we will be holding another one of our ShedTalks with Mogers Drewett Solicitors on 14th February to review the outcome and actions that you may want to take in your business. To register your interest in joining us, or for a copy of the recording, then please email us at hello@rowanhr.com
In the meantime, one thing we would suggest you do is to check to see if any of your employees fall into the category of ‘part year workers’ – that is someone who is employed for the whole year, but only works some weeks and not others (for example, term time only).
King Charles II Coronation…
Whilst we’re on the subject of holidays, don’t forget the additional bank holiday on May 8th for King Charles II Coronation. Remember to check the wording in your employment contracts as this will determine whether or not it is a statutory right for your employees. As a basic rule of thumb, if you stipulate the exact number of bank holidays that they are entitled to (8) then you do not need to automatically allow them the day off. If your contract wording is along the lines of ‘all UK bank holidays’ then employees will be entitled to the additional bank holiday.
Flexible working
It isn’t a new topic, but it is an ongoing one in recent years, in particular since the pandemic where the focus on work life balance has shifted. The government have now confirmed that flexible working will be a day one right and with two requests per year rather than the current 26 week service and one request a year. We are still waiting on a date for this to come in to force but it is good to start thinking about this now and how flexible working options could impact your business. Remember, flexible working is not just working from home it covers the following:
- Part time work
- Changing start and finish times (or have flexibility around your start and finish time)
- Compressed hours
- Job share with someone else
There will also be a requirement on the business to put forward good business rationale if they do turn down a flexible working request.
One thing we would suggest you do is check that you have a suitable flexible working policy that is fit for purpose and tailored to your business.
If you have any questions on this then please let us know – we’ll keep you updated as soon as we know more.
Lastly, here is a useful link to the increased statutory rates from April 2023. Please let us know if you have any questions.
As always, if you are part of our enhanced HR service we will be contacting you over the next few weeks to schedule in a review ready for April updates.
