Two employment law changes to make you aware of


1. Holidays for shift, term-time and zero-hours workers with ongoing contracts (excluding part-time workers – don’t ask me why, because I have absolutely no idea!)

Following a recent Supreme Court ruling, it has now been confirmed that shift, term-time and zero hours workers must still get 5.6 weeks’ holiday as a minimum if they work irregular hours with an ongoing employment contract. This can include:

  • shift work, for example working a shift pattern of 2 weeks on and 2 weeks off;
  • term-time work, for example working 39 weeks a year during school term-time but being employed for the whole year;
  • zero-hours contracts, for example working some weeks but having the contract remain in place in the weeks where no work is carried out.

This type of work is sometimes called part-year work.

Holiday entitlement should not be affected by how many weeks are actually worked in a year. This is because the employment contract is in place for the whole year. Further details can be found at: https://www.acas.org.uk/checking-holiday-entitlement

2. New Service to help with Right to Work in the UK checks from 1st October 2022

The government is introducing a new service with effect from 1st October 2022 whereby employers can check an applicant’s right to work in the UK by using an identity service provider that offers Identity Document Validation Technology (IDVT). Further details at: 

https://www.gov.uk/check-job-applicant-right-to-work


The latest guidance on completing manual right to work checks can be found at: 

https://www.gov.uk/government/publications/right-to-work-checklist/employers-right-to-work-checklist-accessible-version

Remember, you can be fined up to £20,000 for employing someone who doesn’t have the legal right to work in the UK.