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Monday, September 28, 2026

Employment Law Update - December 2022 - Freeths

Articles Employment

Welcome to our latest employment law update bringing you up to speed with this month’s key cases and developments.

In this month’s bulletin, we discuss two notable Employment Appeal Tribunal decisions: a claimant who had been unfairly dismissed for whistleblowing was found to have acted unreasonably in failing to mitigate her loss, and it was held that an employee must expressly state that they wish to withdraw their appeal to avoid automatic reinstatement following a dismissal.

We also discuss developments in relation to the proposed Retained EU Law (Revocation and Reform) Bill as well as new Regulations which render exclusivity terms in lower income worker contracts unenforceable.

Brexit Freedoms Bill faces new opposition

The proposed Retained EU Law (Revocation and Reform) Bill, which seeks to grant extended powers to ministers to amend, repeal or retain around 2,400 pieces of Retained EU Law (REUL) has faced fresh opposition, most recently with the Trades Union Congress (TUC) calling it “reckless” and accusing the government of setting off “a ticking time bomb under hard won workers’ rights”. Much of the criticism for the Bill centres around its `sunset` clause, which will have the effect of automatically revoking any REUL after December 2023, unless the government chooses to keep or change them, with powers to extend the deadline until June 2026. At the Parliamentary committee stage on 8 November 2022, UNISON’s head of legal services Shantha...



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