The Retained EU Law (Revocation and Reform) Bill aims to dramatically speed up the process of removing and replacing laws derived from the EU (we’ve written about this in more detail here). The Bill has completed its passage through the House of Commons and is currently going through the House of Lords. It is expected to become law in April or May this year.
Once the Bill passes, the government will gain new powers to reform EU-based laws, including many employment laws. Government departments will need to make decisions quickly because (subject to any changes made by the House of Lords) the Bill contains a “sunset” clause stating that EU-based statutory instruments are revoked automatically on 31 December 2023 unless they have been singled out for preservation beforehand. Many employment laws are found in statutory instruments (including laws on working time, agency workers and TUPE) and are therefore within the scope of the sunset clause.
In practice, the sunset clause operates as a deadline. Employment laws falling under the sunset clause need to be reviewed urgently and any replacement versions must be in place, or decisions made to preserve the existing laws, before 31 December 2023.
The business view on reforming EU employment law
When we asked a sample of businesses...
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