The Retained EU Law (Revocation and Reform) Act (REUL Act) has recently received Royal Assent. Here we consider the impact of the REUL Act on employment law, including a range of employment rights derived from EU law, and the impact on equality law.
- What does the REUL Act do?
- Impact on employment law
- Impact on equality law
1. What does the REUL Act do?
Many UK employment laws derive from EU law, including regulations covering holiday and working time, agency workers, equal treatment of part-time workers and fixed-term employees, and employer obligations on the transfer of a business or outsourcing (TUPE). The original intention under the REUL Act was that a substantial proportion of EU-derived legislation (including these employment laws) would be revoked at the end of 2023 unless expressly preserved. Thankfully, this approach has now been jettisoned in favour of a list of about 600 measures which will be revoked at the end of the year; our view is that the majority of these are unlikely to cause most businesses significant concern. However, the REUL Act makes a number of other changes which could have an impact on employment law:
- It removes the principle of supremacy of EU law and provides that domestic legislation takes precedence over retained direct EU legislation, such as UK GDPR; and
- It provides a new route for retained EU case law (currently binding on the UK courts) to be re-examined and potentially overturned.
2. Impact on employment law
Apart from a...
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