In addition to the much-discussed abolition of the cap on bankers’ bonuses and the proposed changes to trade union laws, last week heralded two other potentially significant changes to employment law.
Brexit
The government has published the Retained EU Law (Revocation and Reform) Bill. As currently drafted, this bill aims to reform many of the employment laws which came from the EU, presumably as part of a desire to get rid of red tape. The bill will come into effect at the end of 2023, followed by a transition period until June 2026, after which date no EU-derived law can be retained through regulation (rather than primary legislation).
Unless the government takes active steps to assimilate them, which would require significant time spent drafting and passing new legislation, such laws will therefore be revoked, which means that the Working Time Regulations, Agency Workers Regulations, Fixed Term Employees Regulations, Part Time Worker Regulations and TUPE could all be up for grabs. This may lead to unintended consequences if, for example, some laws came through domestic, not EU, legislation, but were designed to amend EU law. In such a situation the UK law could remain in place but not the EU measure it was to amend. This might apply, for example, to service provision changes under TUPE, the service provision changes aspect of TUPE being a domestic addition to the regulations introduced by the EU Acquired Rights Directive.
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