Employers are considering the impact of proposed changes to employment law in a new government policy paper, as part of the government’s larger review of EU-derived laws in the UK
Proposals in the consultation on retained EU employment law reforms include the following:
The consultation also proposes changes to the protections for employees that apply on, for example, transfer of a business to a new owner or of a service to a new provider, under what lawyers call the TUPE rules. Currently, an employer must consult collectively with elected representatives in advance of such a transfer – they cannot consult directly with employees unless the business has fewer than ten of them. This can significantly increase the administration required and lengthen the process. The proposal includes extending this exemption to businesses with fewer than 50 employees and to larger employers where the transfer affects fewer than ten employees, if there are no existing elected representatives in place.
The government has said it will not alter the rules setting a maximum average working week of 48 hours unless an employee opts out, 20-minute rest breaks every six hours, and young worker protections.
Separately, the government has announced plans to limit the maximum period for which non-compete clauses can apply to an ex-employee or ex-worker to three months.
No proposed timetable for the changes has yet been issued.
Employers should check out the consultation on the GOV.UK website to assess the implications, and monitor for future developments.
Employers should also review employees’ and workers’ terms of employment to see whether changes are needed to any non-compete clauses, and consider alternative protections such as longer notice periods and garden leave.
Access ACCA’s latest employment factsheets
Brought to you in conjunction with Atom Content Marketing. Offering practical advice to help small businesses succeed.