The Retained EU Law Bill could result in significant changes for UK employment rights.
What is the Retained EU Law (Revocation and Reform) Bill?
The Retained EU Law (Revocation and Reform) Bill ("the Bill") was introduced into Parliament in September 2022. It relates to "Retained EU Law" - that is the EU-derived legislation that was preserved in our domestic legal framework following Brexit but that was, according to the UK Government, never intended to remain on the statute book indefinitely.
What effect does the Bill have?
The Bill, colloquially known as the "Brexit Freedoms Bill", will give ministers and the devolved government (dependant on whether the relevant legislation relates to a reserved or devolved matter) wide-ranging powers to preserve, restate or replace the Retained EU Laws. The default position is that any legislation that has not been specifically preserved will fall away on the "sunset date" of 31 December 2023. That date can though be postponed by ministers up to 23 June 2026 - the tenth anniversary of the referendum that led to the UK leaving the EU.
As well as Retained EU law potentially falling away, the supremacy of EU law over domestic UK legislation will also end. This means that UK courts and tribunals will more easily be able to depart from Retained EU case law. It will also become easier for Retained EU legislation to be amended, with less parliamentary scrutiny of changes and a speedier process.
What does this mean for employment rights
The...
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