The Department for Business has recently announced that all retained EU laws will be ‘sunset’ by 31 December 2023 if the Retained EU Law (Revocation and Reform) Bill is passed. In practice, this means that all retained EU law will be repealed by this date unless specific legislation is introduced to retain it. If retained, such legislation will become ‘assimilated law’ to reflect that EU interpretive features no longer apply.
Whilst it is difficult to project the exact impact this bill will have at this stage, it is anticipated that the implications on UK employment law will be far reaching. To name a few, the introduction of the bill will impact Transfer of Undertakings (TUPE), Working Time Regulations, Health & Safety and equal pay; if such legislation is not incorporated into domestic law by the 31 December 2023 deadline, it risks being lost.
The introduction of this bill brings with it uncertainty and is likely to have a significant impact on businesses, particularly if the government use this as an opportunity to reform the legislation.
The bill will also end the supremacy of EU law if introduced, meaning EU law will no longer take priority over domestic UK legislation. This could therefore result in domestic courts having a wider discretion to depart from EU case law, which could ultimately have wide implications on employment claims.
Whilst it is likely that this bill would afford the government and courts substantial power to overturn established employment law- potentially leading to a radical overhaul of employment legislation- it will be subjected to significant scrutiny as it progresses through Parliament. It is also reassuring that the UK will remain restrained by the terms of the Trade and Cooperation Agreement with the EU, which is underpinned by provisions ensuring a level playing field and respect for fundamental rights, including:-
- Fundamental rights at work;
- Occupational health and safety standards;
- Fair working conditions and employment standards;
- Information and consultation rights at company level;
- Restructuring of undertakings.
At this stage it is difficult to predict the exact impact this bill will have on employment law, we understand this uncertainty may cause concern for employers. If you have any questions about the bill at this stage or as it progresses through parliament, our Employment team are here to help. Please either use the contact form on the right, email us at info@ramsdens.co.uk or call us on 01484 821 500 to speak to a member of our team.