CPA Bulletin

www.cpa.uk.net CPA Bulletin > August 2023 41 Parliamentary Committee launches new inquiry into SSP As part of the Chancellor’s Autumn Statement regarding those on long-term sick leave, and methods for them to return to work, the Work and Pensions Committee has launched an inquiry that will review the effectiveness of Statutory Sick Pay (SSP) and how it might be reformed to better support the recovery and return to work of people who claim it. The committee had launched a call for evidence which closed on 8th December 2023, and focused on issues such as: • whether SSP is set at a sufficient level, • international alternatives, • the three-day waiting period, and • whether a phased return and SSP work better together. The membership will be updated on any further information from government. Further to our article published in the August 2023 issue of the CPA Bulletin, the consultation on two post-Brexit consultations on reforming holiday pay and TUPE have concluded. The proposed legislation will ensure that from next year, employers need only keep adequate records to demonstrate that they and their employees are complying with the Working Time Regulations - particularly the average 48-hour working week and Opt-out agreements, length of night work and health assessment for night workers. The Government has removed the requirement for employers to record the number of hours each employee was working - although for companies who pay their workforce on an hourly rate, this will obviously need to continue. One of the proposals put forward was to create a single rate of holiday - which for Great Britain would combine the four-week holiday with the Bank/Public Holidays (1.6 weeks/8 working days). The Government has rejected this proposal, and instead will legislate for companies paying the ‘enhanced’ rate, e.g. for commission, overtime, bonuses, etc. for the four-week period, and a ‘flat’ rate for the remainder. Those who are employed for part of the year, or work irregular hours, then their accrual holiday calculation method will be done at 12.07% of hours actually worked in a pay period, whatever that may be for each employer (e.g. weekly, fortnightly, monthly). The proposed legislation will restate EU case law in relation to carry-over of annual leave when an employee is unable to take their leave due to being on maternity/family related leave or sick leave. The planned TUPE reforms will proceed in allowing small businesses (with fewer than 50 employees) undertaking a transfer of any size, and businesses of any size undertaking a small transfer (of fewer than 10 employees) to consult their employees directly if there are no existing worker representatives in place. Update on draft GB legislation for Holiday Pay and TUPE Transfers LEGAL: 3 Unpaid Leave for Carers From 6th April, any employees who are caring for a dependent with long-term care needs, will receive a new statutory unpaid leave right, which grants them one week’s leave in any 12-month window. This right is formed from part of the Carer’s Leave Act.