Consultation on Modern Workplaces: Government delays response

The Department for Business, Innovation and Skills has recently announced that the publication of the government`s response to the Consultation on Modern Workplaces will be delayed.  They have stated that "due to ongoing discussions within Government, there will be a delay in publishing the Government`s response to the Modern Workplaces Consultation.  The Government response will be published early in 2012." 

The consultation period commenced in May 2011 and closed in August 2011.  Key proposals included a new system of shared flexible parental leave, an extension of the right to request flexible working, revisions to the way annual leave is dealt with under the Working Time Regulations 1998 and compulsory pay audits for employers found guilty of pay discrimination.

Since the consultation period, there have been several high-profile cases on holiday carry-over by sick workers, which may influence the government`s response.  These cases include the ECJ`s decision in KHS AG v Schulte C-214/10 and the EAT`s decisions in NHS Leeds v Larner [2011] IRLR 894 and Fraser v South West London St George`s Mental Health Trust UKEAT/0456/10.