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17 February 2023 / Simon Fennell
Issue: 8013 / Categories: Features , Employment , EU , Brexit , TUPE , Pensions
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Employment law: a chance for change? (Pt 1)

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Could the revocation of retained EU law provide the opportunity to iron out some headaches for practitioners? Simon Fennell sets out his employment law wish list
  • The Retained EU Law (Revocation and Reform) Bill provides the chance to amend those parts of employment law that cause the most headaches to practitioners.
  • This includes addressing the limitations and challenges of the TUPE Regulations.

Much has already been written about the Retained EU Law (Revocation and Reform) Bill and the potential impact that it could have on UK law. A good deal of the commentary has been directed towards the potential negative consequences, including how the numerous protections provided to employees by EU law might be removed and denied to future generations.

If you are not already aware, the Bill, if passed in its original form, means that all law that is derived from the UK’s membership of the EU will cease to have legal effect on 31 December 2023—the sunset date.

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NEWS
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NLJ this week: Tightening the screws on JCT terminations
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
NLJ this week: Old rules, fresh warnings in employment law
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
NLJ this week: The rise of the ‘ChatGPT client’ rattles the profession
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
NLJ this week: Surrogacy children caught in succession gap
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
NLJ this week: Online safety law at a crossroads
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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