The Government’s Retained EU Law (Revocation and Reform) Bill originally (and controversially) provided that as at 31 December 2023 any EU-derived legislation would be revoked save to the extent that it had been expressly preserved.

On 10 May 2023, the Government announced a reversal of this approach. The situation now is that EU-derived law will remain in force unless it is expressly repealed by 31 December 2023.

This change in approach was because of what the government described as “the growing volume of retained EU law being identified and the risk of legal uncertainty.”

It remains to be seen which particular elements of legislation will be expressly repealed by the end of this year, but the sense is that employment law will not now be significantly impacted.

At around the same time as announcing this reversal of the sunset of EU laws, the government did announce a consultation about two pieces of EU-derived law, which will be of importance to some UK employers if the proposed reforms are implemented:

• Working Time Regulations
  It is proposed to:
  • Remove some of the record-keeping requirements
  • Permit rolled-up holiday pay
  • Merge the EU 4 weeks holiday and the UK additional 1.6 weeks holiday. The current difference between the two entitlements is that EU law applies to the 4 week entitlement, but not to the 1.6 weeks (and therefore EU case law on issues such as the inclusion of overtime and commission payments applies to 4 weeks holiday, but not 1.6 weeks). Having one...

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