Following feedback from members, the Association of Recruitment Consultancies (ARC) has submitted its response to the government consultation on changes to Retained EU law.

The consultation sought views on whether certain areas of employment law, originally derived from EU law, should now be reformed following Brexit.

The most significant aspects of the proposals were:

• removal of mandatory record keeping of working hours
• should the full 5.6 weeks statutory leave be based on the normal remuneration of a worker
• should rolled-up holiday pay be reintroduced as a fully lawful option
• reform to TUPE consultation requirements

ARC has broadly welcomed the proposals to simplify and reduce administration as well as the plan for rolled-up holiday pay in atypical, short term and ad hoc arrangements. However, we have highlighted the need for clarity regarding what constitutes ‘normal remuneration’; for example in relation to overtime or commission. Also the circumstances in which rolled-up holiday pay will apply should be crystal clear to avoid confusion and consequent dispute.

ARC continues to represent the interests of its members and in consultation with our legal partner, Lawspeed will be collecting views on the current Umbrella consultation (read more), including via the seminar Lawspeed is holding on 27th July, at which representatives from HM Treasury and EAS will be presenting – for more information and to book click here. ARC member discount available.

For more information on the consultation, ARC’s responses and to share your opinion please contact us at