So is EU employment law sunsetting or staying in place?

After much controversy, and ping-ponging between the House of Lords and House of Commons, the Retained EU Law (Revocation and Reform) Act 2023  received Royal Assent on 29 June 2023 and will become law. The intention of this legislation was to restore sovereignty (authority) of Parliament and it makes changes to the European Union (Withdrawal) Act 2018 (EUWA) following our departure from the EU.

The original versions of this legislation sought to “sunset” or remove huge volumes of legislation that implemented EU derived legislation (which could have included the TUPE protections for employees on business transfers and various working time rules). This was then abandoned by the government and the legislation passed instead provides for only around 365 pieces of legislation to be repealed at the end of 2023 (rather than a couple of thousand). There is also a list included within the legislation itself of the revoked legislation, which focuses on food and environmental laws, rather than employment.

However, from January 2024, the Retained EU Law Act will also remove the supremacy of EU law and therefore there are likely to be wider implications on employment law in the future, so watch this space to ensure you and your business are aware of the changing implications.