Revoking and reforming EU law
The Government has published the Retained EU Revocation and Reform Bill which, if passed, provides for the revocation of all “EU-derived subordinate legislation” (i.e. UK statutory instruments which were introduced to implement EU law) and retained direct EU legislation on 31 December 2023, unless legislation is specifically introduced to save them.
The Government has published the Retained EU Law (Revocation and Reform) Bill which, if passed, provides for the revocation of all “EU-derived subordinate legislation” (i.e. UK statutory instruments which were introduced to implement EU law) and retained direct EU legislation on 31 December 2023, unless legislation is specifically introduced to save them. There is the potential for the 2023 deadline to be extended, although any such extension cannot be later than 23 June 2026. The proposed Bill also removes any supremacy of EU law so that when a court or a tribunal applies the law in any case, they would no longer be guided by matters of EU interpretation.
This Bill has the potential to have significant employment law implications and is a fundamental change in approach from the current position of employment legislation remaining as is unless actively amended, to substantial pieces of legislation ceasing to have effect unless active steps are taken to preserve them. Perhaps most notable of these in the employment context would be legislation relating to working time, agency workers, part-time workers and TUPE. At this stage, there is only speculation as to which would be retained – and there may well be tensions between the apparent desire to remove restrictions on UK businesses with the maintenance of a “level playing field” with the EU. A period of uncertainty for employers and employees alike is ahead.
Contact
Mark Hickson
Head of Business Development
onlineteaminbox@brownejacobson.com
+44 (0)370 270 6000
You may be interested in...
Legal Update
Employment Healthcare Briefing: December 2024
Press Release
Children’s Wellbeing and Schools Bill: Comments from education lawyers
Legal Update
Stark increase in rates of school suspensions and exclusions
Legal Update
Employment Rights Bill: Will it cost more to outsource public services and back-office functions?
Legal Update
Navigating workplace sexual harassment laws during the festive season
Legal Update
Navigating the new 'Failure to Prevent Fraud' Offence: What organisations need to know
Press Release
Comments on the latest SEND tribunal statistics
On-Demand
Managing safeguarding allegations against staff
Opinion
Revolutionising the Workforce: Impact of Get Britain Working White Paper
Legal Update
Supreme Court shines a light on collective agreements
Press Release
Browne Jacobson advises Celtic Freeport as it opens for business
Legal Update
The power of storytelling (and curiosity)
Legal Update
The new Mental Health Bill 2025: A closer look at its key provisions
In Person Event
Ascensus and O Shaped workshop: Ethics in the spotlight
Legal Update
What’s in a name: ESG principles and UK local authorities
Opinion
Balancing employer flexibility and employee rights
Legal Update
Right to work update: eVisas
Legal Update
How the Data (Use and Access) Bill will impact the public sector
Opinion
Empowering your workforce: Key tips on adjustments for new starters
Press Release
Browne Jacobson and NHS Transformation Unit explore provider group models in new report
On-Demand
Shaping a culture of respect and safety: Preventing sexual harassment in our schools
Legal Update
Top five takeaways for schools on the Employment Rights Bill
Legal Update
New High Court case on exclusion reconsiderations
Legal Update
Building an inclusive workplace: Strategies for attracting and retaining disabled talent
On-Demand
How schools can grapple with new employment law to thrive in a new era
Press Release
Browne Jacobson advises The Jordon Group on transformative merger
Guide
New guidance for intervention in schools
Press Release
Browne Jacobson advises UK’s leading fire protection specialist on key acquisition
Press Release
Browne Jacobson advises IT solutions specialist on sale to Goldman Sachs-backed international digital transformation provider
Online Event
EdCon 2025
Legal Update
Breaking the glass ceiling: Empowering female leadership in the food and drink sector
Legal Update - Employment Rights Bill
What does the Employment Rights Bill mean for employment practices liability insurance?
Opinion - Employment Rights Bill
Beyond the Bill: Exploring the horizon of new employment rights and proposed measures
Legal Update - Employment Rights Bill
Labour’s employment law reforms: Employment Rights Bill unveiled
Legal Update
Expanding the role of school attendance mentors
Press Release
Browne Jacobson advises UK climbing operator on sale to Belgian investment firm
Legal Update - Maternity services
DISCERN study published: How to improve discussions with families when things go wrong in maternity care
Legal Update
Organisational approaches to ESG and sustainability matters
Legal Update
Balancing acts: Navigating the complex risks in adult social care provision
