UK: Government announces reforms to working time rules on holiday and TUPE

The Government has this week published its response to recent consultations (see here) on proposed changes to the Working Time Regulations (WTR) and TUPE.  It aims to take advantage of Brexit to remove some administrative complexity for employers while also codifying certain worker rights established through ECJ caselaw (which could otherwise be reversed following 1 … Read more

UK: Supreme Court rules that three month gap does not automatically end series of deductions, increasing scope for historic holiday underpayment and other deduction claims

The Supreme Court has ruled that workers can bring a ‘series of deductions’ claim for underpaid holiday (or other types of deductions from wages) notwithstanding a three month gap in between deductions.  Workers may have historic underpayment claims, for example, if they only received basic pay for the 4 weeks’ EU-derived statutory holiday rather than … Read more

Australia: Talking Shop EP11 – Unpacking the Australian Closing Loopholes Bill: What this means for consumer sector employers

Natalie Gaspar joins Aoife Xuereb to discuss the Australian Federal Government’s proposed changes to employment and industrial relations, following the introduction of the Fair Work Legislation Amendment (Closing Loopholes Bill) 2023 (Cth). Natalie delves into how these reforms could impact employers in the consumer sector, including in relation to casual employment, fixed term contracts, wage theft compliance, gig-economy participants and … Read more

The Australian Government Tables Closing Loopholes Bill: What It Means For Your Business

On 4 September 2023, the Federal Government introduced the Fair Work Legislation Amendment (Closing Loopholes) Bill 2023 (Cth) (Bill) in the House of Representatives. This Bill is significant, running to 278 pages and covering 28 distinct parts. It proposes reforms that will have a substantial impact on employers, employees, principals, and contractors. In many respects, the Bill … Read more

Spain: New measures to protect work-life balance and worker protection

On 29 June, Spain’s Official State Journal (the BOE) published Royal Decree-law 5/2023, of 28 June, which adopts a wide range of measures applicable to different fields and a series of provisions that aim to reinforce the right to work-life balance for parents and carers. In particular, it introduces: new measures applicable to leave and … Read more

UK: Royal Assent for Bills on enhanced rights for parents and carers, but implementing regulations unlikely to be in force before 2024

Three Private Members’ Bills expanding rights for parents and carers received Royal Assent on 24 May 2023.  When in force, they will provide for: the right to paid leave where an employee’s new-born baby requires specialist neonatal care; protection from redundancy during and for a period after the end of pregnancy, maternity leave, adoption leave … Read more

UK: pay in lieu of statutory holiday on termination must be at normal rate

The EAT has ruled that employers must pay workers in lieu of statutory holiday on termination at the normal rate payable for hours worked as per the statutory formula, notwithstanding any contractual provision permitting calculation at a lower rate. The Working Time Regulations set out a default method of calculating pay for untaken accrued statutory … Read more

Germany: German Working Time Act Amendments – What you need to know

The draft bill looks to clarify the rules, but uncertainties remain. Introduction  Since the much-discussed decision of the German Federal Labour Court of 13 September 2022 (1 ABR 22/21), employers have been obliged to record the working hours of their staff in Germany. Although the Federal Labour Court decided on specific aspects, such as the extent … Read more