The government has announced that it will not repeal most retained EU law at the end of the year as originally planned. However, it is planning to use Brexit-related freedoms to amend some aspects of the Working Time Regulations and TUPE. It is also planning to limit the duration of non-compete clauses in employment contracts to three months.
Under the Retained EU Law (Revocation and Reform) Bill, the government was proposing to repeal most retained EU law at the end of 2023. That has resulted in great uncertainty about which aspects of employment law, much of which is EU-derived, would be preserved.
That uncertainty has now receded, after the government announced a change of approach. Instead of sunsetting retained EU law unless a conscious decision was taken to preserve it, the government will now produce a list of the legislation that will be revoked. This will give businesses much greater certainty about the legal framework that will apply in 2024.
However, the government is still keen to use its Brexit-related freedoms to ensure that regulation is necessary and proportionate. Given that desire, it has announced three reforms to employment law that are intended to boost the UK economy while maintaining UK labour standards.
The government will consult on three changes to the Working Time Regulations:
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