Last week the UK government announced that it was planning to make changes to the Working Time Regulations and one aspect of TUPE. It has now published a consultation paper providing further detail about the proposed reforms.
The UK government is keen to use its post-Brexit flexibility to reduce bureaucracy without reducing workers’ rights.
The Retained EU Employment Law consultation paper confirms that the majority of employment legislation will be preserved in its existing form, including rights to maternity and other family leave and protections for part-time and agency workers and fixed term employees. It contains further details of some aspects of retained EU law where the government is proposing to make changes, in the areas of working time and TUPE.
Three elements of the Working Time Regulations will be reformed.
In 2019 the CJEU held that, under the Working Time Directive, employers are required to record workers’ daily working hours. This was more onerous than the position under the Working Time Regulations, which broadly only require employers to keep records showing that they are complying with maximum weekly working time and night work limits.
The government believes that the CJEU requirements are disproportionate and will legislate to make it clear that employers are not required to record daily working hours.
Currently, workers are entitled to four weeks’ “basic” annual leave and a...
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