Is the Bonfire of Workers’ Rights on its way?

On 22nd September, a new Bill was introduced to the House of Commons. 

The snappily named Retained EU Law (Revocation and Reform) Bill 2022 – 2023 has caused something of a stir.

‘Retained EU Law’ was a concept created as a result of the legislation that enabled the UK’s departure from the EU, i.e. Brexit. 

It was recognised that our systems of laws had been intertwined with the EU’s legal system in various ways, e.g.,

  • Certain European Laws had ‘direct effect’ in the UK;
  • The decisions of the Court of Justice of the European Union were binding on the UK Courts;
  • Some Regulations were passed in direct consequence of the requirements of the EU.

Rather than wipe out this entire legal edifice overnight, the Brexit legislation enacted that a host of EU Laws would be ‘retained’ – for the time being, at least. 

The new Bill aims to ‘sunset’ retained EU Law.

That will mean that from 31st December 2023, most Retained EU Law will cease to be effective in the UK, for most practical purposes.

A ‘long stop’ date in, probably, 2026, will see any remaining laws disappear, where they survive the ‘sunset’ date. 

Of course the devil is going to be absolutely in the detail. 

We know that Retained EU Law includes, for example:

  • Holiday pay entitlements;
  • Limits on the weekly number of hours you can be required to work;
  • Rights for part-time and fixed-term workers;
  • The Agency Worker Regulations;
  • The Transfer of Employment (Protection of Employment) Regulations or ‘TUPE’ as they are usually known – which give vital rights to Employees on the sale of a business from one owner to another. 

Many of our employment rights came from Europe, and in other respects the jurisprudence of the European Courts has been taken into account in the UK, more often than not, to extend rights for UK workers.  Holiday pay is a particularly good example.  Thanks to the EU Courts, we now have principles about the proper calculation of holiday pay (in particular, e.g., inclusion of voluntary overtime, bonuses and commission) and rules about not being obliged to take holidays during periods of sickness etc.

The TUC and other organisations have come out to declare that this is the thin edge of the wedge in terms of the long-threatened ‘bonfire of workers’ rights’. 

It is a little difficult to predict at this point in time, exactly what rights will be thrown out with the proverbial bathwater, although one might reasonably assume that politically it would be a brave Government indeed that abolished the right to paid holidays!

There are however a few types of ‘extended rights’, described above, where we suspect the Government might well think this is an opportunity at the end of 2023 to remove what it has previously called ‘gold plating’ of rights. 

One thing is almost certain: this will not be used as an opportunity to extend or improve workers’ rights…

Watch this space.