0370 270 6000

Revoking and reforming EU law

23 September 2022

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.

Related opinions

Gender Equality

Randstad has published a report on gender equality in the workplace based upon survey responses from 6,000 workers within the construction, education, healthcare and technology sectors. Whilst legislation relating to sex discrimination has been around for over 45 years, nearly three quarters of female workers surveyed reported that they had either experienced or witnessed inappropriate behaviour or comments from male colleagues.

View blog

Unfavourable treatment

The Employment Appeal Tribunal’s recent decision in the case of Mr Michael Cowie & Others v Scottish Fire and Rescue Service provides a useful insight into favourable - or unfavourable - treatment in the context of discrimination claims.

View blog

Covid-19 vaccine beliefs held to be religious in nature

In Wierowska v HC-One Oval Limited, the Employment Tribunal had to determine whether the Claimant’s beliefs in relation to Covid-19 vaccines amounted to religious beliefs for the purposes of the Equality Act 2010.

View blog

Job applicant receives settlement due to unlawful age discrimination at interview

Janice Walsh applied for a job with Domino’s Pizza, hoping to secure a role as a Delivery Driver. However things quickly took a turn for the worse during her initial interview, with the very first question that she was asked relating to her age. Ms Walsh was ultimately informed that she had not been successful in her application.

View blog

Mailing list sign up

Select which mailings you would like to receive from us.

Sign up