At the end of the Brexit transition period on 31 December 2020, existing EU law was retained and converted into domestic UK law. Most EU Directives are already implemented in the UK by regulations or Acts of Parliament; for example, the EU equality Directives are implemented by the Equality Act 2010.
Many areas of UK domestic law that are derived from EU law have been heavily influenced by decisions of the European Court of Justice (ECJ), for example working time, TUPE and discrimination law. Under the European Union (Withdrawal) Act 2018, UK courts are not bound by decisions of the ECJ made after the end of the transition period on 31 December 2020.
The UK Supreme Court, the Court of Appeal of England and Wales, the Court of Appeal of Northern Ireland and the Inner House of the Court of Session in Scotland will be bound by ECJ decisions made before the end of the transition period (retained ECJ case law) to the same extent as the Supreme Court is bound by its own case law. These courts can therefore depart from retained ECJ case law only in limited circumstances, where it appears “right to do so”.
The Retained EU Law (Revocation and Reform) Bill, which is currently going through Parliament, will potentially have a significant impact on employment law. Under the Bill, most retained EU law will automatically be revoked on 31 December 2023, unless a decision has been made to keep or amend specific legislation or specific provisions. The Bill would also make changes to the way courts and tribunals interpret retained EU law and make it easier for them to depart from retained ECJ case law.
Employment legislation that could be revoked on 31 December 2023, if the Bill goes ahead as planned, includes regulations covering: working time; TUPE; part-time workers; fixed-term employees; and agency workers. Ministers would have the power to decide to retain these regulations in their current form before that date.
So, all in all, it could be all change at the end of this year and we will of course keep you posted about any potential changes. We’ll let you know when the government know what they’re doing – so maybe on the 30th December 2023?!
Get in touch to see how we can help you. You can book your FREE 15 minute consultation with a member of the Meraki HR team here.
