Our detailed employment law tracker highlights new domestic legislation and other key proposals for legislative reform.

Please click the image below for an at-a-glance guide to all the significant pieces of employment legislation on the horizon, as well as links to more detailed briefings on the most important changes.

Our tracker highlights new domestic legislation and other key proposals for legislative reform.

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WHAT'S THE CHANGE?

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1. EU-derived employment law

The Retained EU Law (Revocation and Reform) Act 2023 provides that around 600 pieces of retained EU law (either contained in statutory instruments or retained directly applicable EU law) will automatically expire on 31 December 2023. The Government's list of retained EU laws to be revoked contains the following employment laws:

  • The Posted Workers (Enforcement of Employment Rights) Regulations 2016.
  • The Posted Workers (Agency Workers) Regulations 2020.
  • The European Cooperative Society (Involvement of Employees) Regulations 2006.

Other pieces of retained EU law will stay on the statute books but may be revoked or reformed at a later date. The Government has already opened consultations on proposed reforms to the Working Time Regulations 1998 (WTR) and the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE). These consultations are discussed at sections 12 and 13 below.

Any retained EU law which is kept will be "assimilated" into UK law. In practice this means that certain EU law principles that govern how these rights operate will disappear. On top of this, the continued impact of EU law on UK law will be downgraded, for example, by making it easier for the courts and tribunals to

The Carer's Leave Act 2023 received Royal Assent on 24 May 2023.

The scope and mechanics of the new rights will be set out in secondary legislation. The Government has said that regulations will be laid in due course, although it is expected that this will not be before April 2024.


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