Recently, the Government published the Retained EU Law (Revocation and Reform) Bill 2022 (the “Bill“). This means that all retained EU law will be automatically revoked on 31 December 2023 (this date can be extended until 31 December 2026), unless it is saved or replaced.
The Bill would automatically revoke the following employment regulations on 31 December 2023 (unless it’s reinstated or amended):
- The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE);
- The Working Time Regulations 1998 – for example, the maximum 48 hour working week, rest breaks, paid holiday, and protection for night workers;
- The Agency Workers Regulations 2020;
- The Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000.
The Bill only impacts regulations, not Acts. The current legislation in relation to discrimination (Equality Act 2010) or unfair dismissal (Employment Rights Act 1996) will be unaffected.
The Bill is not yet law, and there is an absence of clear information about what will happen. However, the key point is that employers should be aware that changes are afoot and should ensure they keep up to date with proposals relating to the Bill.
We will of course issue updates as and when more is known.