Following last week’s publication of its policy paper “Smarter regulation to grow the economy”, the Government has now published a consultation on retained EU employment law and a response to its consultation on reform of non-compete clauses.

Consultation on retained EU employment law

The consultation paper confirms the Government’s intention to retain the UK’s strong record on workers’ rights and that it will preserve most EU derived employment laws in unaltered form. The goal, however, is to remove unnecessary bureaucracy in the way in which rights operate. To this end, the Government has identified aspects of the Working Time Regulations (WTR) and of the Transfer of Undertaking Regulations (TUPE) where it says there are opportunities for improvement.

Working Time Regulations

• The first aspect of the WTR addressed by the consultation is record keeping, where the requirements are thought to be an area of uncertainty for employers following a 2019 judgment of the EU Court of Justice. The Government proposes to legislate to clarify that businesses do not have to keep a record of daily working hours of their workers.
• The second aspect of the WTR where reform is proposed is in relation to annual leave. The Government wants to simplify the system of annual leave and holiday pay calculations. It proposes to achieve this by –
• Creating a single annual leave entitlement of 5.6 weeks, as opposed to the current system which provides 4 weeks’ annual leave set by the Working Time...

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