Employers and employees have good cause to be wondering what is in store for employment rights in the UK after the Government's introduction of the Retained EU Law (Revocation and Reform) Bill into Parliament on 22 September 2022. Rights that have become embedded in HR practice and business dealings over a very long period, including rights on a business transfer, working time restrictions, the right to paid annual leave and rights for atypical workers, will, if the Bill is simply passed in its current form, disappear at a stroke at the end of 2023.
Changes to the law
Whilst the Bill has been less headline grabbing as a measure than the extensive tax cuts announced last week, it will have a potentially radical impact on the legal landscape in the UK, by removing from UK legislation many of the vestiges of European law that were 'retained' when the UK left the EU on 1 January 2021. This includes significant parts of the body of employment rights that has built up over the last 50 years. The Bill aims to revoke 'subordinate' legislation that was introduced through statutory instruments rather than Acts of Parliament, and hence could affect measures such as the Working Time Regulations, TUPE, and the regulations that protect fixed term employees, part time workers and agency workers. However it is also clear that there is scope for some of these measures to be retained for a longer period (to 23 June 2026) if the Government wishes, and that some measures may be replaced by UK...
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