There’s lots happening in employment law all of a sudden. 2023 looks set to be a year in which major employment law changes are shaped and fleshed out. From the post-Brexit reform agenda to a series of private members’ bills, key caselaw decisions to other planned developments, there is much change on the horizon, and little time for us to get our heads around it. Here’s our annual round-up of what to expect.

Post Brexit reform: the Retained EU Law (Revocation and Reform) Bill

This is the most significant development on the horizon, currently overshadowing everything else. The bill aims to speed up the removal of certain retained EU laws by giving ministers powers to scrap or replace them. Importantly, it also includes a “sunset clause” meaning that, at the end of 2023, many retained EU laws will disappear unless restated or replaced. This affects a huge amount of UK employment law including the Working Time Regulations, TUPE, the Agency Workers Regulations, the Maternity and Parental Leave Regulations and more. It is reasonably likely that the 2023 deadline will be relaxed before the bill passes. Even if the deadline slips, however, we expect to see government departments getting started on shaping the reform programme from early this year. This is likely to mean a wave of consultations and proposals for creating new UK laws to replace and potentially scale back existing EU-derived versions.

The potential significance of this bill should not be underestimated; it could...

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