Top 10 HR questions November 2023: Holiday carry-over

New regulations due to come into force in January cover carry-over of annual leave, holiday entitlement for irregular hours workers, working time record-keeping, and TUPE consultation.

The draft Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023 confirm that workers can carry forward annual leave entitlement into the next holiday year if they have been unable to take it due to maternity or other family leave, long-term sickness absence, or where they have been denied their holiday rights by their employer. This confirms the current position resulting from EU case law.

The top two FAQs for November look at the rules on carrying over holiday, including what the new draft Regulations say. How much leave can be carried over (the full 5.6 weeks, or just four weeks), and for how long, depends on the reason for the carry-over.

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Another FAQ in the top 10 looks at working time record-keeping obligations, one of the other areas addressed by the new draft Regulations. The Regulations clarify whether employers have to keep records of the daily hours worked by each worker.

The draft Regulations will also bring in changes to the rules relating to TUPE consultation for small employers and transfers affecting fewer employees. This is covered in another featured question, which asks if the duty to inform and consult still applies if only a few employees will transfer.

The top 10 HR questions in November 2023:

1. Can unused statutory annual holiday be carried forward to the next holiday year?

2. Where an employee cannot take all their accrued statutory annual leave due to maternity leave, must they be allowed to carry it over?

3. When can an employer dismiss an employee on the grounds of ill health?

4. Will a job applicant have any redress if an employer refuses employment on the basis of a spent conviction?

5. What should an employer do if it becomes aware that an EEA national employee does not have settled or pre-settled status?

6. Must an employer wait until the end of the probationary period before dismissing an unsatisfactory probationer?

7. If an employee is on sickness absence during a bank holiday, are they entitled to be paid or to receive time off in lieu?

8. What are an employer’s record-keeping obligations under the Working Time Regulations 1998?

9. Where only a few employees will transfer to a new employer under TUPE, does the obligation to inform and consult still apply?

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10. What rights do agency workers have under the Agency Workers Regulations 2010 after the 12-week qualifying period?

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