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The Working Time (Amendment) Regulations (NI) 2023 (“the WTAR”) came into operation on 1 January 2024.

The WTAR state that their purpose is to restate certain employment rights to ensure those rights continue to apply from 1 January 2024 once the interpretative effects of EU law on the UK statute book have been removed at the end of 2023. The WTAR can be found here: https://www.legislation.gov.uk/nisr/2023/223/contents/made?trk=public_post_comment-text

The WTAR amend the Working Time Regulations (NI) 2016 as follows:

Regulation 15 (entitlement to 4 weeks annual leave) is amended to provide for the carry over of annual leave under this Regulation to the next leave year if the worker is unable to take leave due to maternity leave or other family related leave.

Regulation 15 is also amended to provide for the carry over of annual leave under this Regulation for up to 18 months if the worker is unable to take annual leave due to sick leave.

Regulation 15 is also amended to provide for the carry over of annual leave under this Regulation  if an organisation has failed to recognise the worker’s right to leave, failed to give the worker reasonable opportunity to take the leave or has not informed the worker that any untaken leave may be lost.

Regulation 16 (entitlement to additional 1.6 weeks annual leave) is amended to provide for the carry over of annual leave under this Regulation to the next leave year if the worker is unable to take leave due to maternity leave or other family related  leave.

Regulation 20 (payment in respect of periods of leave) is amended so that leave under Regulation 15 is paid by including commission payments, which are intrinsically linked to the performance of tasks which the worker must do under the terms of their contract; payments for professional or personal status relating to length of service, seniority or professional qualifications; other payments such as  overtime payments, which have been regularly paid to a worker in the 12 weeks preceding the calculation date.

RECOMMENDATIONS

  • Employers should review annual leave entitlements and payments and ensure the Working Time Regulations (NI) 2016 are complied with;
  • Employers should remind managers to encourage staff to take their annual leave or risk losing the entitlement.

Should you require any further information or advice, please contact any member of the Employment Law Unit:-

adrienne.brock@edglegal.com                julieanne.clarke@edglegal.com

francis.russell@edglegal.com

Tel: 028 9024 5034

www.edglegal.com

Copyright 2024 Elliott Duffy Garrett

Every care has been taken in the preparation of this bulletin; readers are advised however to seek legal advice in relation to specific issues.

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