The Conservative Government has promised wide sweeping changes to employment rights. The Retained EU Law (Revocation and Reform) Bill was introduced to the House of Commons on 22 September 2022 which, if passed by Parliament, will allow the Government the ability to abolish all EU-derived Employment and Health and Safety laws. The Government has said the Bill intends to remove barriers to trade rather than recognised employment rights. The goal is to get rid of all EU-derived laws within 15 months – by 31 December 2023. To keep any existing employment law beyond this date the Government must take constructive action. The intended Bill will enable the Government to make widespread changes to employment law and it cannot be ignored.
Unions have asked the Government to make clear what their actual intentions are as currently, this is uncertain.
What are the impacts of the Bill?
The Bill will revoke the EU-derived subordinate legislation and retain direct EU legislation. Unless action is taken by the deadline date these will no longer be law. The Bill affects:
- TUPE
- Working Time Regulations
- Part-time Worker and Fixed Term Workers Regulations
- Agency Worker Regulations
The Bill will try to repeal all EU-derived laws by the end of 2023, the time limit can be extended to 23 June 2026 if necessary. This means the superiority of EU law will be abolished by the end of 2023. The current position is that any EU decision made before 1 January 2021 is to be followed by the courts of the United Kingdom unless the Government changes the law. The Bill will by default subjugate all EU decisions in preference of UK law. The new priority rule will require all retained EU law to be interpreted in line with domestic law.
This Bill creates a period of uncertainty for both employers and employees and employers must keep abreast of the changes in the law. It will fall on the employer to decide on good working conditions to attract and retain the right candidates. Undoubtedly some employers will be glad to see the back of certain employment rights which cause operational difficulties for their business. Employers must also face the fact that employees may now be driven to join unions for support and guidance.
What is certain is that we now live in very different and uncertain times for employers.
Should you have a specific Employment law and Health and Safety enquiry, please contact the Quest FREE advice line on 0116 274 9193.
