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New obligations to keep working time records
The introduction of this provision was not referred to in the government's implementation roadmap for the legislation. Therefore, there's no information on when the government anticipates bringing it into force.
It will impose new obligations on employers to keep certain records relating to compliance with annual leave and pay for annual leave.
The records can be created, maintained and kept in such manner and format as the employer reasonably thinks fit, but must be retained for 6 years from the date on which they were made (failure to do so will constitute an offence, punishable by a fine).
The following records will need to be kept:
- Entitlement to annual leave.
- Entitlement to additional annual leave.
- Entitlement to annual leave of irregular-hours and part-year workers.
- Entitlement to pay for annual leave.
- The requirement to make a payment in lieu of holiday outstanding on termination of employment, including any holiday carried forward from a previous leave year.
- The requirement to make a payment to irregular-hours workers and part-year workers in lieu of holiday outstanding on termination of employment.