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Tuesday, September 29, 2026

What might the Brexit Freedoms Bill mean for employment law in Northern Ireland? - Lexology

Introduction
What does the Brexit Freedoms Bill do?
Extent of legal change
What is in scope?
Northern Ireland – devolved issues
Incompatibility with Northern Ireland Protocol?
Potential for divergence
What next?

Introduction

The Retained EU Law (Revocation and Reform) Bill (the Brexit Freedoms Bill) was introduced in the House of Commons on 22 September 2022. The Brexit Freedoms Bill aims to dramatically increase the pace of repealing, restating or replacing EU laws which were retained by the United Kingdom when it exited the European Union on 31 December 2020.

The United Kingdom is already free to remove retained EU law through the normal parliamentary process, but this can be quite slow. The Brexit Freedoms Bill confers extensive powers on the government to remove or replace EU law by means of regulations. This is a much faster process as it significantly curtails Parliament's ability to scrutinise any proposals. This has been criticised as being "undemocratic".

This article considers the potential implications of the Brexit Freedoms Bill for employment laws in Northern Ireland, especially in light of the commitments given to protect Good Friday Agreement rights and the EU directives that underpin those rights.(1)

What does the Brexit Freedoms Bill do?

The Brexit Freedoms Bill:

  • "sunsets" EU laws that are currently retained in employment law, which means these laws are revoked, unless they are restated as, or replaced by, UK domestic legislation by the end of 2023;
  • ...


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