Following the UK's exit from the EU on 31 January 2020, the Brexit trade deal between both parties sought to ensure a level playing field was maintained in terms of employment law rights. However, the Retained EU Law (Revocation and Reform) Bill 2022-23 (the Bill) may change this approach, with the move away from "retained EU law" expected to happen more rapidly than initially anticipated. The government made the point with the announcement of the Bill that it was never intended that retained EU law would be part of UK law forever.

Glossary: Retained EU law is the law created on 31 December 2020, the end of the transition period, by the European Union (Withdrawal) Act 2018, and consists of EU-derived legislation that has been incorporated into UK legislation.

Current landscape

We explored in a previous blog post how the Brexit trade deal would impact UK legislation that stemmed from retained EU law. The European Union (Withdrawal) Act 2018 created retained EU law. The aim was to prevent any "gaps" appearing in the UK statute book. Retained EU law is essentially a snapshot of the EU law which was in force in the UK at the end of the transition period. It was expected that retained EU law would be reviewed and subsequently amended and adapted over time, either by the courts or through enacting new domestic legislation. However, the government is expediting this process to "develop new laws that best fit the needs of the country and grow the economy", by introducing the...

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