Changes to Employment Law post Brexit

Since the UK left the EU there has been much debate about what would happen to employment law in the UK. Some feared that many key employment rights of employees would be watered down.

The government has now announced its intention to make some important changes to employment law in the UK, but not to the scale that some had feared. The government also this week announced they were abandoning the sunset clause in the Retained EU Law (Revocation and Reform) Bill, which means that unless a specific EU employment law is repealed, it will remain on the UK Statute books come 31st December 2023.

The government has announced the following changes will come into effect on a date to yet be specified;

  • An intention to introduce new legislation to restrict non-compete restrictive covenants to 3 months post termination of employment. This proposed change would not apply to non-solicitation clauses and nothing has been said about non –dealing clauses.
  • In respect of TUPE removing the requirement to consult with appointed representatives, when there are fewer than 50 employees in the business and fewer than 10 transferees. Due to a micro business (less than 10 employees) exemption, already in TUPE this proposal will have limited impact.
  • In terms of the Working Time Regulations (WTR) the following is proposed;
  • Removing the requirement for record keeping under the WTR.
  • Allowing “rolled up” holiday pay – which was technically unlawful under EU law.
  • Merging “normal” holiday leave under the WTR with “additional” leave, to create one entitlement.


The devil will be in the detail when the government provide further details and a timetable of implementation. As and when we hear further we will update you, in the meantime please do not hesitate to contact us with any of your employment law needs.

For help and advice on employment issues within the travel industry, contact;

or call;

0113 258 0033

This article was originally published on: 11 May 2023

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