I should start this article by making it clear that the Employment Lawyers Association (ELA), of which I am chair, is an apolitical association and it is of course a matter for government what policies it pursues. However, we do consider it within our role to point out potential consequences and ramifications of the Retained EU Law (Revocation and Reformation) Bill (REUL). Accordingly, the comments below are not about the rights or wrongs of Brexit - that is not something the ELA is permitted to comment on. Instead our sole focus is on the implications of the proposed changes by this bill to UK law.
It is fair to say that REUL, or the 'Brexit Freedom Bill' as it is more commonly known, has courted a great deal of controversy and criticism from across all sides of the political and industrial divides. Its original intention was, in one fell swoop, to extricate all retained EU law from the statute book on 31 December 2023 unless it was expressly retained. The so-called ‘sunset provision’.
With the clock ticking and at least 4,000 pieces of legislation to be reviewed, and decisions to be made, on what would be kept, modified or revoked, the ELA, along with many others, raised grave concerns to the government about the legal uncertainty this was causing employers, employees and their advisers. We simply did not know what law would be effective as at 1 January 2024.
After much criticism of REUL in the House of Lords, the government decided to remove the much maligned ‘sunset’...
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