Employment law updates: The Retained EU Law (Revocation and Reform) Bill 2022-23

The Retained EU Law (Revocation and Reform) Bill 2022-23 (hereafter “the Bill”) was introduced to the House of Commons and given its First Reading on 22 September 2022. MPs considered the Bill at Second Reading on 25 October 2022.

The overriding purpose of the Bill is to assert, at a political level, the primacy of domestic law by effectively removing the legacy of EU law on UK legislation. This Bill, if enacted, will have significant implications, particularly for employment law.

This article is the first of a series which will track the progress of the Bill and provide practical guidance on how it stands to impact employment rights in the UK.

Background and scope of the Bill

EU law runs through the core of UK domestic employment law, influencing part-time worker protections, sex discrimination, equal pay, working time, annual leave, pension discrimination, collective redundancies, fixed term workers, industrial action and TUPE.

Rather than the typical system where the laws remain unless they are explicitly repealed, all EU-derived subordinate legislation, and retained direct EU legislation, will be revoked at the end of 2023 unless a minister acting for a relevant national authority steps in to save them. The Bill, therefore, grants the Government wide powers to revoke, restate and wholly rewrite all affected regulations, as long as any rewriting does not impose any additional regulatory...

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