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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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Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
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