The Chartered Institute of Payroll Professionals
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BREAKING NEWS - Holiday pay and entitlement consultation responses Published: 7 November 2023 Emailed: 8 November 2023
This morning, the Department for Business and Trade published its responses to the two consultations which ran earlier this year.
The headline responses are as follows: •
the government won't proceed with proposals to introduce a 52-week holiday entitlement reference period, and instead entitlement will be calculated as 12.07% of hours worked in a pay period for irregular hours / part-year workers only • the two existing rates of holiday pay will be maintained (Regulation 13 and Regulation 13A) and there won’t be a single annual leave entitlement created. This means workers will continue to receive: o 4 weeks at normal rate of pay o 1.6 weeks at basic rate of pay • rolled-up holiday pay will be allowed, but for irregular hours / part-year workers only.
There are currently no implementation dates provided as many of the changes require legislative intervention.
The CIPP’s policy team are delighted to see that many of the suggestions and recommendations we put forward have been accepted by the government. We must now wait for further guidance and documentation from government about how this will work in practice.
Members can see the CIPP’s response in the policy hub:
https://www.cipp.org.uk/my-cipp/policy-hub/consultations/consultation-responses.html
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Update: Holiday pay and entitlement draft regulations released Published: 8 November 2023 Emailed: 15 November 2023
With the Department for Business and Trade (DBT) responses to the holiday pay and entitlement for part-year and irregular hours workers now released the news is coming thick and fast.
Shortly after the release of the consultation documents, the draft regulations have also been released. The regulations state a start date of 1 January 2024, However the holiday pay specific regulations will affect leave years starting on or after 1 April 2024. Of course, this is now with the government to agree the regulations and could be subject to change.
This gives payroll professionals some additional time to prepare and, hopefully, receive some comprehensive guidance on what will and won’t be allowed.
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