On 8 November 2023 the UK government published its response to its May 2023 consultation paper on “Retained EU Employment Law” (the Response). This covered three areas: (i) record keeping requirements under the Working Time Regulations (WTR 1998); (ii) simplifying annual leave and holiday pay calculations in the WTR 1998; and (iii)
working time regulations
What next for UK Employment law?
The European Union (Withdrawal) Act 2018 preserved a number of EU laws in UK statute as Retained EU Law (REUL). The Retained EU Law (Revocation and Reform) Bill (REUL Bill) was introduced to amend, remove and replace the REULs that the UK government deemed to be unsuitable and replace them with…
Germany – What to expect in 2023
German employment law will introduce numerous innovations and planned changes in 2023 that HR managers should be aware of.
New legislation enters into force
A number of new regulations have been in force since 1 January 2023. For example, employees with statutory health insurance will no longer have to submit a certificate of incapacity for…
Obligation to record working time
The German Federal Labor Court (BAG) has surprisingly ruled (BAG, 13.09.2022 – 1 ABR 22/21) that employers are legally required to record not only overtime and Sunday work, but all of their employees’ working hours.
Verpflichtung zur Arbeitszeiterfassung
Das Bundesarbeitsgericht (BAG) hat überraschend entschieden (13.09.2022 – 1 ABR 22/21), dass Arbeitgeber gesetzlich verpflichtet sind, nicht nur Überstunden und Sonntagsarbeit, sondern die gesamte Arbeitszeit ihrer Arbeitnehmer aufzuzeichnen.
Employment Appeal Tribunal rules on carry over of holiday pay.
The Employment Appeal Tribunal (EAT) has handed down its judgement looking at a workers right to claim holiday pay.
The claimant, Mr. Smith, worked for the respondent, Pimlico Plumbers between 2005 and 2011, and was considered throughout the six year period to be self-employed independent contractor. As such, he had no entitlement to paid annual…
Enforcement of the right to paid holiday under the UK Working Time Regulations ruled incompatible with the EU Directive
The Court of Justice of the European Union (ECJ) has ruled that the method of enforcement of the right to paid holiday in the UK Working Time Regulations (WTR) is incompatible with the EU Working Time Directive. This is because, if an employer refuses to pay a worker for a period of holiday, under the…