Section 35 — Duty to keep records relating to annual leave

(1) The Working Time Regulations 1998 (S.I. 1998/1833) are amended as follows.

(2) In Part 2 (rights and obligations concerning working time), after regulation 16A insert— Records relating to annual leave entitlement 16B (1) An employer must— (a) keep records which are adequate to show whether the employer has complied with the entitlements conferred by regulations 13(1), 13A(1), 15B(2) and 16(1) and the requirements in regulations 14(2) and (6) and 15E(2); (b) retain such records for six years from the date on which they were made. (2) The records referred to in paragraph (1)(a) may be created, maintained and kept in such manner and format as the employer reasonably thinks fit.

(3) In regulation 29 (offences), in paragraph (1), after “the relevant requirements” insert “or with regulation 16B(1)”.

(4) In regulation 29C (restriction on institution of proceedings in England and Wales)—

(a) the existing provision becomes paragraph (1);

(b) after that paragraph insert— (2) But paragraph (1) does not prevent the Secretary of State from instituting proceedings in England and Wales for an offence under regulation 29(1) in respect of a failure to comply with regulation 16B(1) (duty to keep records).