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02 June 2021 / Charles Pigott
Issue: 7935 / Categories: Features , Brexit , Employment
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The scope of retained EU law: an overview

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Charles Pigott explores retained EU law through recent findings from the employment coalface
  • A number of interesting issues in relation to retained EU law have been explored in employment case law over the past few months.

Before examining the first wave of Brexit-related case law in the employment field, it is worth a quick reminder of the overall framework in which our courts have been operating since the beginning of 2021.

At the risk of considerable over-simplification, the key aim of the European Union (Withdrawal) Act 2018 (EUWA 2018) was to leave the UK with a functioning domestic rule book once it had left the EU. To avoid Brexit creating gaping holes in the areas formerly occupied by EU-derived law, the decision was taken to incorporate the whole body of EU legislation and case law that applied at the point of exit and into domestic law. In order to make this snapshot approach work, it was also necessary to cut the legal ‘conduit pipe’ in the form of the European Communities Act 1972 (ECA 1972), which

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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