What is the potential impact of the Bill on Employment Law in the UK?

The Retained EU Law (Revocation and Reform) Bill (the ‘Bill') aims to revoke all retained EU law on 31 December 2023 unless specific steps are taken to preserve individual laws.

To help understand the impact of the Bill, we've set out below a summary of the Bill's contents and their main function.

• The Bill sets out that all domestic legislation made under the European Communities Act 1972 and all retained EU legislation (i.e. the laws preserved and incorporated directly into English and Welsh law when the UK left the EU) will be revoked unless either a Minister or devolved authority has preserved it prior to that date
• The Bill also confirms that:
• • the principles of EU law supremacy will no longer be part of domestic law from the start of 2024 and that when higher appellate courts are deciding whether to depart from retained EU case law, they should take account of the following principles:
    1. the fact decisions in an EU court are not (unless otherwise provided) binding
    2. any changes of circumstance relevant to the retained EU case law, and
    3. the extent to which the retained EU case law restricts the proper development of domestic law.

• there would also be a new case reference procedure, allowing the lower courts and tribunals which are bound by retained case law to refer points of law to a higher court within the UK which would have the power to depart from that retained case law if they consider it to...

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