Employment Law – Changes are Afoot

The UK Government has published a draft Bill that will allow the British Government to revoke by 31 December 2023 all EU-derived subordinate legislation and retained direct EU legislation. What this means in simple terms is that the British Government can now deviate from any EU legislation as it sees fit. The Bill as presently framed will automatically repeal any retained EU law unless legislation is introduced to retain it. To underline this power the draft Bill expressly abolishes the principle of the supremacy of EU law.

All of this may sound rather dry to the average reader but the implications may be profound in the field of employment law where many rights we take for granted are now potentially under threat.

For example, we all enjoy the benefits of the Working Time Regulations, which cap the working week. Similarly, the Transfer of Undertakings Regulations have long been a feature of employment protection. Both could in theory disappear. There will be many other rights that could be under similar threat.

Of course, much can happen between the publication of a Bill and eventual enactment as legislation. We will continue to monitor developments as they occur but this is an early warning that major changes to UK employment law may be afoot.