Annual leave entitlement for workers with irregular hours or for seasonal workers can now be calculated using an accrual rate of 12.07% of hours worked, under the Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023, effective from 1 January 2024. This change responds to the Supreme Court’s decision in Harpur v Brazel [2022] UKSC 21, which concerned a music teacher on a zero hours contract.
Daniel Gorry, director, Lindsays solicitors, said the changes were ‘a welcome simplification of what is usually a complex area’.
The regulations also remove the Working Time Regulations requirement for employers to keep detailed records of working hours, and amend the TUPE (Transfer of Undertakings (Protection of Employment) Regulations 2006) consulting requirement. Organisations with fewer than 50 employees, and businesses of any size where the transfer affects fewer than ten employees, can consult directly with their employees if there are no worker representatives in place.
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