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BrexitGeneral Data Protection RegulationEmployment lawLatest NewsHolidays and holiday pay

Top 10 HR questions May 2023: Retained EU Law Bill

by Brightmine 12 Jun 2023
by Brightmine 12 Jun 2023 The top HR question concerned the impact of the Retained EU Law (Revocation and Reform) Bill on HR?
Imge: Shutterstock
The top HR question concerned the impact of the Retained EU Law (Revocation and Reform) Bill on HR?
Imge: Shutterstock

The potential impact of the Retained EU Law (Revocation and Reform) Bill is a little clearer following recent government announcements. But there could still be significant changes for HR to get to grips with in the longer term.

On 10 May 2023, the government announced a change in direction for the Bill, which was referred to as the “Brexit Freedoms Bill” when first introduced by Jacob Rees-Mogg. There will no longer be a “sunset” clause revoking all retained EU law, unless decided otherwise, at the end of December 2023.

However, this does not mean that there will be no reforms to employment-related retained EU laws, such as the Working Time Regulations and TUPE. The government is consulting on a number of changes already, and more may follow.

The top FAQ for May looks at the current position in terms of the potential impact on HR.

One of the proposed reforms to retained EU law relates to combining the EU-derived minimum annual leave entitlement with the additional entitlement under domestic law, to simplify the administration of holiday entitlement. One of the FAQs in the top 10 looks at the minimum statutory provision for annual leave.

Another annual leave-related question asks what happens to an employee’s holiday entitlement in a TUPE situation.

The top 10 HR questions in May 2023:

1. What is the potential impact of the Retained EU Law (Revocation and Reform) Bill on HR?

2. Is an employer obliged to provide notes on an investigation into a grievance to the employee who raised the grievance?

3. Can an employee retract their resignation?

4. What is the minimum statutory provision for paid holiday?

5. What is an internship?

6. What data subject access rights do employees have under the UK GDPR?

7. What happens to the balance of an employee’s accrued annual leave when they transfer in a TUPE situation?

8. Can an employer withdraw an employment offer that has been accepted, for example if there is a subsequent recruitment freeze?

9. How long can an employee be expected to “act up” to a more senior position before the arrangement becomes a permanent promotion?

10.Does a term-time worker have to take all their annual leave during the school holidays?

Brightmine

Brightmine is the UK's most comprehensive online source of legal compliance, good practice and benchmarking information made available to HR professionals as a single subscription service.

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