The ‘Bonfire’ of EU laws

As a result of the Brexit vote in 2016, the Government has long trailed the ‘bonfire’ of EU laws, which were all to be consigned to history by the end of December 2023.  Yet, Gareth Matthews, Head of Employment, considers the recent change of tack which has taken place, with a decision instead to repeal only particular laws, avoiding this so-called ‘sunset clause’ on all EU legislation.

With the decision to have a more targeted approach, more is now known about the key areas of employment law that the Government intends to tackle, namely TUPE and Working Time.

In terms of changes to TUPE, the requirement to consult with appointed representatives when there are fewer than 50 employees in the business and fewer than 10 transferees, is to be removed.

Where Working Time regulations are concerned, employers will now be allowed to pay rolled up holiday pay and will no longer be obliged to keep records of working hours (although this will likely make little difference in practical terms for most employers).

Finally, the decision has been taken to remove any distinction between ‘normal’ holiday leave and ‘additional’ holiday leave, to create one entitlement.  This would mean that the 4 weeks under EU law and the 1.6 weeks given under UK law would be merged together, which some say may have implications for the way holiday pay is calculated, with employers no longer having to include overtime or commission etc.

The fine detail is still to be revealed but this announcement gives employers a steer as to the areas of employment law to be altered in life outside of the EU.

If you would like advice from the Employment team at MLP Law in respect of any of the issues raised here or more generally, please do not hesitate to get in touch on 0161 926 9969 or employment@mlplaw.co.uk, or follow us on Twitter @HRHeroUK.