Employment Law Changes – Spring 2023

The government has just announced that it plans to scrap the Sunset Clause, which would have revoked almost all retained EU law at sunset at the end of 2023. Instead, the government will provide a list of laws that will be amended, and all those not mentioned specifically are to be retained.

Some of the intended amendments are set out in the ‘Smarter Regulation to Grow the Economy’ policy paper and affect Employment Law in a way which we believe may have an impact to your business. These changes are in the earliest stages, so are something for you to be aware of and to watch this space for future updates.

      Working Time Regulations

1. Holiday entitlement will be merged to make ‘normal’ and ‘additional’ holiday leave one entitlement. This may result in a simplified calculation which excludes extra payments such as overtime and commission.
2. It will be legal to ‘roll-up’ holiday pay.
3. Employers will not be required to keep records of working hours under the Working Time Regulations.
   TUPE
4. Employers will not be required to consult when transferring fewer than 10 transferees in a business with fewer than 50 employees.
   Non-Compete Clauses
5. These may be restricted to three months from termination date. This law will not extend to non-solicitation clauses or confidentiality clauses.

The first four changes do not require primary legislation, so may come into force relatively quickly. The last change does require legislation, and the press release states that it will be done ‘when parliamentary time allows’.

If you have any questions regarding the changes, please do not hesitate to contact our employment law team at Clarkslegal.