The Retained EU Law (Revocation and Reform) Bill is the brainchild of hardline brexiteer, Jacob Rees-Mogg. The Bill is currently wading its way through the House of Lords and pushes for a 'blank slate' approach, aiming to ‘sunset’ (or repeal) all UK retained law with EU origins unless it is expressly kept by the Government. The strangely dubbed ‘sunset date’ had previously been set for the end of 2023.

This means that the future for a plethora of employment legislation (along with a multitude of consumer rights, agriculture, trade, environmental, product and banking laws, to name but a few) hangs in the balance until the Government decides its fate. Without further clarification of what stays and what goes, it could mean ‘sunset’ for the following:

• TUPE
• Working Time Regulations (including the maximum 48-hour working week, statutory paid annual leave and daily rest periods
• ‘Worker’ rights – as opposed to employee rights
• Discrimination legislation
• Some maternity and parental rights

In true Brexit fashion, the proposed law has caused an uproar since it was announced. A key complaint is that the decision regarding which laws stay and which laws go would rest with unelected civil servants and ministers. Given the clear uncertainty, numerous industries, unions, businesses, and environmental groups have expressed frustration with the Bill and called for clarity sooner rather than later.

The newest development is that the report stage in the House of Lords has been postponed following reports of a brewing cross-party revolt. The timing isn’t coincidental, with a large number of local elections happening in May 2023.

It doesn’t look like a new date seems high on the priority list. Some muse that it could be pushed beyond the next general election, but a government spokesperson stated that they were still committed to the Bill.

The move has clearly angered some. An idea in the pipeline to pacify the Brexiters is that Kemi Badenoch, Business Secretary and current custodian of the Bill, will announce a list of redundant EU laws that can be abolished without controversy (dare to dream). Another idea is to extend the sunset clause. The latter is not preferable for the party, as it edges closer to the next general election, placing the Bill at risk of being dropped.

It’s a welcome move for many sectors and employers and gives hope that things can remain business as usual for now. However, the road ahead is still far from clear.

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