HR managers in the UK must stay informed about employment laws and changes in legislation to ensure compliance and avoid legal risks. The dynamic nature of hospitality, with its high turnover and diverse workforce, makes it essential to understand key regulations. Regularly reviewing government updates and seeking legal advice ensures that HR practices remain compliant with evolving laws, safeguarding both the business and its employees.
Here is a list of key laws and legislations that UK HR managers should look out for
Employment Rights Act 1996 - Governs basic employment rights such as contracts, unfair dismissal, redundancy, and protection for part-time employees.
National Minimum Wage Act 1998 - Sets the minimum wage rates for employees, which are updated annually and vary based on age and employment status.
Equality Act 2010 - Prohibits discrimination based on characteristics like race, gender, disability, and age, ensuring equal treatment of employees.
Health and Safety at Work Act 1974 - Requires employers to provide a safe working environment, critical for hospitality establishments where food handling and public interaction are common.
Immigration Act 2016 - Focuses on preventing illegal working and places obligations on employers to ensure employees have the right to work in the UK, particularly relevant post-Brexit.
General Data Protection Regulation (GDPR) 2018 - Mandates the lawful processing, storage, and use of employee and customer data, with hefty fines for breaches.
Pensions Act 2008 - Requires employers to automatically enrol eligible employees into a workplace pension scheme and contribute towards it.
Trade Union and Labour Relations (Consolidation) Act 1992 - Governs the relationship between employers and trade unions, handling collective bargaining, and addressing industrial disputes.
Apprenticeships, Skills, Children and Learning Act 2009 - Establishes rights for apprentices and defines employer obligations for training and working conditions under apprenticeship schemes.
Regularly reviewing updates to these laws will help hospitality HR managers remain compliant and mitigate legal risks.
Here is a list of key UK holiday and annual leave legislations that HR managers should be aware of
Working Time Regulations 1998 - Entitles workers to a statutory minimum of 5.6 weeks (28 days) of paid annual leave per year for full-time employees. This can include public holidays if the employer wishes.
Part-Time Workers Regulations 2000 - Ensures that part-time workers are entitled to the same proportional holiday entitlement as full-time workers, preventing discrimination.
Agency Workers Regulations 2010 - Provides agency workers with the same rights to annual leave as permanent employees after 12 weeks of service in the same job role.
Holiday Pay Calculation - Holiday pay must reflect normal earnings, including overtime, commission, and other regular payments. This has been reinforced through various Employment Appeal Tribunal decisions.
Carry-Over of Leave Regulations 2020) - Allows employees to carry over up to four weeks of unused leave into the next two leave years in exceptional circumstances, such as during the COVID-19 pandemic.
Maternity and Paternity Leave Regulations 1999 & 2014 - During maternity, paternity, and adoption leave, employees continue to accrue annual leave entitlements, which can be taken after their return to work.
Shared Parental Leave Regulations 2014 - Allows parents to share up to 50 weeks of leave and 37 weeks of pay following the birth or adoption of a child, with the right to accrue annual leave during this time.
Parental Leave (EU Directive 2010/18) - Provides parents with the right to unpaid leave for child-rearing responsibilities. It does not affect holiday entitlements, which continue to accrue during parental leave.
Flexible Working Regulations 2014 - While not directly related to holiday entitlement, flexible working requests may impact how annual leave is managed, especially with non-standard working patterns.
📌Note: As a manager, you need to be familiar with these regulations to properly manage holiday entitlements, ensure compliance, and avoid disputes related to holiday pay or leave policies.