The Government have been updating their policy in light of Brexit and this month announced several changes. Here, Samantha Randall, an Associate Solicitor with Palmers who specialises in employment law, outlines the key changes you need to be aware of:
Working Time Regulations
The Government have decided to merge the entitlement of ‘normal’ holiday leave with ‘additional’ holiday leave to establish a unified entitlement. This may impact the calculation of holiday pay.
Allowing the practice of ‘rolled-up’ holiday pay, provided that the rolled-up element is clearly displayed on payslips.
Also, they have decided to remove the record-keeping requirement under the Working Time Regulations.
Transfer of Undertakings (Protection of Employment) Regulations
Another change is the decision to eliminate the obligation to consult with appointed representatives in cases where the business has fewer than 50 employees and fewer than 10 transferees.
These changes represent significant amendments.
While no specific timetable has been announced, it is worth noting that primary legislation is not required for their implementation.
Sunset Clause
Additionally, the Government has communicated its decision to abandon the sunset clause in the Retained EU Law (Revocation and Reform) Bill.
This would have meant nearly all EU law would be revoked by the end of 2023, unless preserved or stated otherwise.
However, the Government has reversed this position.
Unless expressly repealed, EU law will continue to be binding in the UK.
The Bill will undergo amendments to include a list of the retained EU laws that the Government intends to revoke on 31 December 2023. Any legislation not included in this list will remain valid.
If our members need further advice then please email admin@workersofengland.co.uk .