The Working Time (Amendment) Regulations (Northern Ireland) 2023
Overview
The Working Time (Amendment) Regulations (Northern Ireland) 2023 were introduced by the Department for the Economy, marking a significant development in employment legislation. These Regulations amend the Working Time Regulations (Northern Ireland) 2016 and address various aspects related to annual leave entitlements, particularly in cases of statutory leave and sick leave. This article aims to provide a detailed insight into the key provisions, implications for businesses, and the types of businesses that may be affected by these amendments.
The amendments made to the Working Time Regulations (Northern Ireland) 2016 are multi-faceted and impact various sections of the original legislation. The notable changes include:
- Definition Additions: Introduction of the terms “sick leave” and “statutory leave”.
- Annual Leave Entitlements: Expansion of exceptions in paragraph (5)(a) and introduction of provisions allowing workers to carry forward untaken annual leave due to statutory leave or sick leave in certain circumstances.
- Additional Annual Leave: Inclusion of provisions allowing the carry forward of untaken annual leave due to statutory leave.
- Compensation Related to Leave: Modification to include references to the amended annual leave entitlements (regulation 15(10), (11), (13), and regulation 16(7)).
- Payment in Respect of Periods of Leave: Introduction of supplementary provisions in paragraphs (3A) to (3G) for determining the amount of a week’s pay in various scenarios.
The Working Time (Amendment) Regulations (Northern Ireland) 2023 came into force on the 1st of January 2024 and apply to Northern Ireland.
Do the Working Time (Amendment) Regulations (Northern Ireland) 2023 affect my business?
These amendments bring about several key requirements and considerations for businesses in Northern Ireland:
- Carry Forward of Annual Leave: Workers are now entitled to carry forward untaken annual leave in situations involving statutory leave and sick leave.
- Payment Calculation Adjustments: Changes to the calculation of a week’s pay, incorporating various types of payments such as commission, payments related to length of service, and overtime payments.
- Employer Obligations: Employers are obligated to recognise workers’ rights to annual leave, provide opportunities for leave, and inform workers about leave entitlements and carry-over limitations.
- Time Limitations: Strict time limitations for carrying forward annual leave, ensuring it is taken within 18 months from the end of the leave year in which the entitlement arose.
The Working Time (Amendment) Regulations (Northern Ireland) 2023 signify a crucial step in enhancing the rights and entitlements of workers concerning annual leave. As businesses navigate these amendments, it is imperative for employers to familiarise themselves with the new provisions, ensuring compliance and fair treatment of their workforce.
Do I need the Working Time (Amendment) Regulations (Northern Ireland) 2023 in my ISO Compliance Register?
These amendments are likely to impact a broad spectrum of businesses, especially those with a workforce subject to varying leave entitlements. Industries with high instances of statutory leave or sick leave, such as healthcare, may experience notable effects and will need the Working Time (Amendment) Regulations (Northern Ireland) 2023 in their ISO Compliance Registers. Additionally, businesses with seasonal or fluctuating work patterns may need to adapt their leave management practices to comply with these regulatory changes.
Legislation related to the Working Time (Amendment) Regulations (Northern Ireland) 2023
Legislation related to the Working Time (Amendment) Regulations (Northern Ireland) 2023 include:
- The Working Time Regulations 1998
- Organisation of Working Time Act 1997
- The Working Time Regulations (Northern Ireland) 2016
More information
Visit the Working Time (Amendment) Regulations (Northern Ireland) 2023 article on the legislation.gov.uk website.
Create an account in the ISO Compliance Register App and add this article (which are updated by the Working Time (Amendment) Regulations (Northern Ireland) 2023) to your Register.
