With many employers’ focus, understandably turning to June with the hoped-for change in the lockdown rules meaning a return to the workplace, employers are reminded that there are a number of employment law changes coming in to force in April 2021 that they need to be aware of.

From the beginning of April 2021, employers will need to comply with the usual annual increases in the rates for statutory sick pay, and statutory maternity, paternity, adoption and shared parental pay; increases to the national minimum wage, statutory redundancy calculation and tribunal awards. Please see our new rates and thresholds factsheet for you to download to ensure that you have all the changes to hand .

From 6 April 2021, the off-payroll working rules (IR35) will be extended to large and medium-sized companies in the private sector and those organisations will be obliged to determine the employment status of individuals whom they engage via intermediaries. This was due to come into force last year, but it was delayed due to the effects of COVID19 on businesses.

Employers are also reminded that last year, the Government amended the Working Time Regulations, so that employees are now allowed to carry over unused holiday that it was not reasonably practicable for them to take due to Coronavirus. Employees can now carry over a maximum of 4 weeks holiday into the next two holiday years. Employers will need to look at the amount of holiday the employee has accrued, but not taken, over the last year and the reasons why they have been prevented from doing so. With summer holiday season looming and the possible easing of some lockdown measures, employers will have to manage employee expectations for when they can take that holiday, in order to avoid a situation where they have too many staff going off at the same time. Employers may also have to give consideration to requiring employees to take accrued holiday to prevent carry over of significant holiday.

If you require further advice on the April employment law changes or how to deal with the carry-over of holiday, please contact our Employment team.