When the UK Government first suggested Brexit, one of the advantages was said to be that leaving the European Union (EU) would end the special status of retained EU law and restore supremacy to domestic UK law.
Under the “Brexit Freedoms Bill”, introduced by Liz Truss during her short time as Prime Minister, all EU law must either be reviewed and transferred into UK law, amended, or allowed to expire (which the Bill itself refers to as being “sunsetted”) by the end of 2023.
UK Ministers can currently postpone the sunset date of EU laws, but only until June 2026, the 10th anniversary of the referendum which led to the United Kingdom choosing to leave the EU.
However, opposition parties are fighting back. The Scottish National Party has proposed some 50 amendments and Labour is calling for the retention of workers’ rights specifically around annual and parental leave. Labour has also mooted a “sunrise” clause, meaning EU law would remain unless specifically amended or repealed.
With around 2,400 pieces of retained EU law, covering everything from the environment to data privacy, food standards and consumer rights, the Bill could have serious implications for everyone.
While we don’t know which employment laws will disappear and which will be restated or amended, some predictions can be made.
Four likely candidates for change are: TUPE (Transfer of Undertakings (Protection of Employment)), the Working Time Regulations, discrimination law and the General Data Protection...
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