Source · Select Committees · Business and Trade Committee

Recommendation 30

30 Rejected Paragraph: 161

Amend the Bill to ensure committee examination of retained EU work and employment law regulations.

Recommendation
We recommend that the Bill should be amended to ensure that within a given timeframe a committee also examines any regulations which are part of retained EU law and which govern UK law relating to work, including workplace standards and employment rights, which the Government (a) intends should expire at the ‘sunset’ date set in the legislation or (b) proposes to incorporate into domestic law under the affirmative procedure.
Government Response Summary
The government has replaced the sunset clause in the Retained EU Law Bill with a list of specific revocations and intends to retain powers to amend more complex regulations after its own assessment and consultation, without committing to the recommended amendment for committee examination.
Paragraph Reference: 161
Government Response Rejected
HM Government Rejected
The Government introduced the Retained EU Law (REUL) Bill so that we could end the special status of retained EU law. The Government tabled an amendment at Lords Report stage of the Bill, which replaces the current sunset in the Bill with a list of the retained EU laws that we intend to revoke at the end of 2023. This provides certainty by making it clear which regulations will be removed from the statue book. We will retain the vitally important powers in the Bill that allow us to continue to amend EU laws, so more complex regulation can still be revoked or reformed after proper assessment and consultation. We have identified several regulations where we see opportunities for improvements in retained EU employment law following our exit from the EU, including the Working Time Regulations and Transfer of Undertakings (Protection of Employment), or ‘TUPE’, Regulations. We are consulting on proposals to reduce time-consuming reporting requirements under the Working Time Regulations, which could save employers around £1bn a year. We are also consulting on simplifying annual leave and holiday pay calculations in the Working Time Regulations, and streamlining regulations that apply when a business transfers to a new owner. These proposals do not seek to remove rights, but instead remove unnecessary bureaucracy in the way those rights operate, allowing business to benefit from the additional freedoms we have through Brexit. The Government has been clear throughout the Brexit process that we have no intention of reducing the substantive legal protections for workers. To make good on this promise, we have also made clear in the consultation the areas of employment law where the Government will not make any changes, including the system of maternity, paternity, adoption, or parental leave.