As part of keeping you in our focus during the coronavirus crisis, our executive people update ensures you’re on top of the latest changes in legislation, case law and employment law trends. Click here for more information about how we can support you to manage the latest changes.
Coronavirus and holiday carry over
Employees who’ve not been able to take all their statutory annual leave entitlement due to COVID-19 will be entitled to carry up to four weeks unused leave into the next two leave years. The Working Time (Coronavirus) (Amendment) Regulations 2020 ensure that employers can offer flexibility in the future if granting leave now would leave them short-staffed, as well as ensuring workers aren’t losing out on their entitlement due to the virus.
We’re still trying to work out whether employees continue to accrue holiday during furlough leave and whether they can take holiday whilst furloughed. We’ll update you as soon as we have an answer (hopefully tomorrow).
Can employees insist they’re furloughed?
In short, no. It’s your choice as to who you designate as a furloughed employee. That being said, usual employment law still applies so make sure selection criteria is fair, objectively justified, non-discriminatory and communicated. Click here if you’d like to discuss in more detail.
IR35 reforms – suspended
The reforms due to come into force on 6th April 2020 will now be suspended until 6th April 2021 due to the ongoing coronavirus crisis.
Gender Pay Gap Reporting – suspended
The Government Equalities Office and the Equality and Human Rights Commission have decided to suspend gender pay reports for this year to reflect the unprecedented pressure on businesses and organisations at this time. If you’ve already collated your date and created a narrative, it’s still possible for you to voluntarily publish your data.
Good Work Plan – 6th April 2020
A reminder of the changes still due to take place on 6th April:
*Employment contracts to be issued on, or before day one for all new starters
*Employment contracts for all new starters to include:
- Days of the week the worker/employee is required to work
- Whether working hours are variable and how this will be determined
- Any paid leave the worker/employee is entitled to
- Details of all remuneration and benefits
- Details of any probationary period
- Training entitlement (whether this is mandatory or paid for by the worker/employee)
*Holiday pay reference period extending from 12, to 52 weeks