The sunset clause in the Retained EU Law (Revocation and Reform) Bill ("the Bill") which would have repealed the majority of retained EU law by the end of the year will be replaced. The government has announced a number of further reforms to UK employment law in the policy paper "Smarter regulation to grow the economy". In this update we consider the key changes which will impact employers.
Sunset for the sunset clause: EU employment law reform held back
In a written statement to parliament it has been announced that the sunset clause in the Bill will be abandoned. As the Bill is currently drafted with the sunset clause, almost all retained EU law would automatically be revoked at the end of 2023, unless it was expressly saved by a statutory instrument. In light of the legal uncertainty that this approach has created, parliament is tabling an amendment which effectively reverses the effect of the Bill, so that all EU legislation will be automatically retained unless specifically revoked. The amendment replaces the sunset clause in the Bill with a list of the retained EU laws that the UK intend to revoke under the Bill at the end of 2023. All EU laws not listed will remain as they are.
The amendment will provide certainty for UK businesses by making it clear which regulations will be removed from the statute book, rather than highlighting only the EU laws which would be saved.
The written statement goes on to assert that the Bill still allows the UK to continue to amend EU...
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