Articles Employment
Welcome to our employment law update bringing you up to speed with this month’s key cases and developments.
In this month’s update we discuss several important cases which recently came before the Employment Tribunals: an original report made during grievance proceedings did not benefit from retrospective legal privilege, the meaning of `in connection with` an employment contract under TUPE 2006 was discussed, and an employee with long COVID was found to not be disabled at the time of dismissal. The new `Brexit Freedoms Bill` and its proposals are also discussed.
Brexit Freedoms Bill introduced to Parliament
On 22 September 2022, the Retained EU Law (Revocation and Reform) Bill otherwise known as the `Brexit Freedoms Bill`, was introduced to Parliament. This Bill reflects the Government’s intention to repeal or amend all retained EU law and to re-establish the supremacy of domestic law.
With effect from the end of 2023, all retained EU law will either be restated, replaced, or revoked. Any EU law following the end of 2023 will be known as `assimilated` law. The principle of supremacy of EU law will be abolished and domestic law will acquire priority over any retained EU law. It should be noted that the Bill does contain provision for the order of priority to be reversed for specified legislation, which would allow the retained EU law to regain precedence.
Any EU derived secondary legislation, or EU direct legislation which is not specifically dealt...
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