Dental HR Updates October 22


Update to right to work checks

Are you aware of the update to the right to work checks?

As of 1st October, the temporary covid adjustment for right to work checks come to an end. So, if you are not performing the right to work check in person, employers will need to use a certified identity service provider (IDSP)

Right to work checks ensure that you are not hiring people who are not permitted to work in the UK, so it’s important you review your recruitment process to capture this change.

Our members can access further support regarding this by getting in touch [email protected]

If you are not already an iComply or iTeam member and don’t have access to Dental specific HR advice, then please contact us [email protected]

A wooden gavel on a desk with a golden sign next to it engraved with 'employment law'

Change in how holiday pay is calculated for part-year workers

Summary of the supreme court ruling

The ruling showed the amount of leave to which a part-year worker under a permanent contract is entitled is not required by EU law to be, and under domestic law is not, prorated to that of a full-time worker.

Therefore, part-year workers will be entitled to a minimum of 5.6 weeks of annual leave, and their holiday pay will be calculated using the average of the preceding 52 weeks’ pay. 

What this ruling means in practice

There are few practices that employ workers on contracts where they only work for part of the year (not the same as part-time workers), so if you don’t have any employees or workers that fall into this category, then this article is for awareness only.

The ruling handed down has implications for all atypical workers on variable hours and those who work part year.

Who does this apply to?

This judgment applies to employees and workers who work for part of the year under a permanent or continuous contract with irregular hours, such as term-time only workers, seasonal workers, bank staff and zero-hour contracts.

How should holiday pay be calculated?

Part year workers or employees should have their holiday pay calculated based on their average earnings over the previous 52 working weeks, and all workers will get 5.6 weeks leave.

What does this not mean?

To clarify, this does not change the position for part-time workers, just part-year workers. Part-time workers, who work a full 52 weeks of the year but for fewer hours or days than their full-time colleagues, can continue to have their holiday calculated pro rata. For example, if an employee works 3 days per week then their annual leave entitlement is 3×5.6= 16.8 which you round up to 17 days.

The Working Time Regulations allow employers to pro-rate statutory annual leave in an employee’s first and final year of employment to reflect the amount of time employed and for those on a fixed term contract.