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Government begins to ‘flex’ its Brexit freedoms

Posted
June 16, 2023
Employment Law

Since leaving the EU, many believe the government hasn’t done enough to exploit the so-called ‘freedoms’ that Brexit was meant to bring. So it is interesting to see news of a couple of potentially significant developments.

What's on the agenda?

There are two specific changes to our laws which the government is intending to introduce, as a result of the additional ‘freedoms’ offered by Brexit:

  1. Through changes to the Working Time Regulations 1998, the government intends to (i) reduce the requirement to record people’s hours of work and (ii) allow employers to pay holiday pay as part of a rolled-up rate of pay.  
  1. Through changes to the Transfer of Undertakings (Protection of Employment) Regulations 2006, the government intends to reduce the circumstances in which employers are required to collectively consult over TUPE transfers; businesses with fewer than 50 employees and transfers affecting fewer than 10 employees would be excluded from the collective consultation requirement.

Whilst relatively limited, both these changes are likely to be welcomed by many employers.  At first glance, they appear to be sensible and pragmatic. Now, all we need to know is precisely when and how the changes will be made.   

As soon as we know more, we’ll be sure to update you.

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