As we enter a new year, Joe Taylor looks at the proposed statutory developments that may come into force over the next 12 months. Whilst some of these changes may not take effect in 2023, but may come into force in subsequent years, employers would be wise to have these proposed changes on their radar in any event.
The Retained EU Law (Revocation and Reform) Bill
This is one of the most controversial Bills that has been proposed recently as, in short, it aims to abolish all EU-derived UK legislation by the end of 2023, unless it is specifically retained by the UK Parliament. Currently, and since Brexit, most EU derived laws in existence in the UK before exit day (31 December 2020) have been retained under the European Union Withdrawal Act. This Bill proposes to (by no later than June 2026 if extended beyond the end of 2023) repeal or abolish all EU-derived UK law, and in doing so, will also mean that UK Courts and Tribunals will no longer be able to rely on EU caselaw either. It will then be the role of the UK Parliament to decide what to retain. What is important to note is that EU law that has already become a domestic Act of Parliament will be unaffected, eg the Equality Act 2010, will remain in its current form, but those which are merely regulations (e.g. TUPE) would be at risk.
As well as potentially spelling the end (at least in their current form) of important legislation for the purposes of employee protection, such as TUPE and the Working Time Regulations, the...
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