UK: UK Government outlines post-Brexit changes to employment law

Authors:

• Robert Hill – robert.hill@clydeco.com
• Sophie Jackson – sophie.jackson@clydeco.com

The plans include:

• Limiting non-competes to three months – non-compete restrictions in employment and worker contracts will be limited to a maximum of three months by legislation. Read more about this development in our update.
• TUPE consultation changes – removing the requirement to elect employee representatives for the purpose of TUPE consultation for:
• Businesses with fewer than 50 employees, and
• Businesses of any size involved in a transfer of fewer than 10 employees.

Read more about this development in our update.

• Holiday entitlement and pay changes and working hours record keeping changes – rolled up holiday pay will be allowed, and changes will be made to holiday entitlements and requirements on recording working hours. Read more about this development in our update.
• Scrapping the sunset clause – the sunset clause (which meant that at the end of 2023 what was left of certain retained EU law would disappear) is being replaced with a list of EU laws to be revoked. No key employment laws are being revoked.

Key Action Points for Human Resources and In-house Counsel

There are still several unanswered questions about the planned reforms which will hopefully be answered when the draft legislation is published.  Employers will want to keep an eye on developments over the coming months and prepare for the changes ready for when they come into effect.