11 May 2023


Employment law changes are like London buses, none come along and then…quite a few do!

Yesterday, Kemi Badenoch, Secretary of State for Department for Business and Trade, announced that there will be amendments to the EU Law (Revocation and Reform) Bill.  The Bill will no longer include a ‘Sunset clause’ which would have seen around 4000 retained laws disappearing at the end of the year unless the Government took positive action to keep them.  Instead, there will be a list of the EU laws that the Government intend to revoke at the end of 2023.

In a Policy paper issued yesterday, the Government set out its intention to make some changes to employment law following the UK’s departure from the EU.

Working Time Regulations

  • Removing requirements on business for working hour records to be kept.
  • Merging Regulation 13 (20 days) and 13A leave (8 days) into one pot.
  • Introducing rolled-up holiday pay (currently unlawful under EU law).


  • Removing requirement to consult with representatives about a transfer when there are fewer than 50 workers and fewer than 10 transferees.

Reform of non-compete clauses

  • The Government intends to legislate to limit the length of non-compete clauses to 3 months, but this will not interfere with the ability of employers to use notice periods or garden leave, or to use non-solicitation clauses.

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