The Government is making changes to the Retained EU Law (Revocation and Reform) Bill so that EU-derived laws in secondary legislation will no longer be automatically revoked at the end of 2023. It has also issued a consultation paper setting out changes it proposes to make to the Working Time Regulations 1998, holiday pay and TUPE 2006, aimed at reducing unnecessary bureaucracy.
Retained EU Law (Revocation and Reform) Bill
The original proposals
As originally drafted, the Retained EU Law (Revocation and Reform) Bill provided that all EU law contained in statutory instruments would expire at the end of 2023, unless the Government decided to preserve the particular law or to postpone its expiry to no later than 23 June 2026. The Government’s proposals created huge uncertainty for employers as so many EU-derived employment rights and protections are contained in secondary legislation, including the Working Time Regulations 1998, the Agency Workers Regulations 2010, the Part-Time Workers Regulations 2000, the Fixed Term Employees Regulations 2002 and the Transfer of Undertakings (Protection of Employment Regulations) 2006.
What’s changed?
The Government has now decided to remove these provisions from the Bill and instead only certain specified legislation set out in the Schedule to the Bill will be revoked at the end of 2023. Importantly for employers, no significant employment legislation is included in the Schedule.
Proposed changes to employment law
However, the...
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