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Yesterday, the Government announced some significant reforms to UK employment law.

Smarter regulation

In its policy paper “Smarter regulation to grow the economy” it has outlined the following changes of note:

  • allowing rolled up holiday pay
  • merging the current two separate statutory holiday leave entitlements (4 weeks and 1.6 weeks) into one block
  • amending The Working Time Regulations to remove record keeping requirements on working hours
  • amending the obligations to Inform and consult on a TUPE transfer for business with under 50 employee – where a transfer affects fewer than 10 employees
  • reforming non-compete clauses in employment contracts.  These are to be limited to a maximum of 3 months duration.

Amendment of the ‘sunset’ clause in the Retained EU Law Bill

Employers and employment lawyers have been holding their breath about exactly which  employment laws might disappear at the end of 2023.  For those who might have blocked it out (and who can blame you), this was because of the Retained EU Law Revocation and Reform Bill (a reminder here ).

The Bill would have automatically abolished all ‘retained’ EU law at the end of this year, unless legislation was created to specifically retain it.  And it would have included a great deal of UK employment law.

Yesterday it was announced that the “sunset” clause in the above Bill – which would have seen more of a massive, out-of-control bonfire than a sunset – will now not be included.  Instead, in a calmer and more thoughtful approach, all retained EU laws will continue to exist in the UK unless they are expressly repealed.  Phew.

The Government has published a list of retained EU laws it intends to repeal in this way at the end of 2023.   You can see that list here.

We’ve not yet had the chance to wade through the list but a quick review reveals that some rather niche or industry specific regulations will be affected rather than general employment laws.


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