Skip to main content

News story

December 13, 2018

Brexit and employment law

Whichever side of the Brexit fence you sit on, there is no doubt that Brexit has the potential for far reaching implications for the UK.

Some have advocated that the UK’s involvement in the EU was always a bad marriage, and it could prove to be that Brexit is a bad marriage ending in divorce. Like most divorces, this one could be messy, painful, expensive, and worse still, it’s likely to take years to complete. Time will only tell if this is correct.

Looking specifically at the effect that Brexit will have on employment law, although much of UK employment law is derived from EU law, the UK’s withdrawal from the EU is unlikely to have an immediate impact. When the UK leaves the EU, the European Union (Withdrawal) Act 2018 will repeal the European Communities Act 1972, and existing EU law will be converted into domestic law.

Most EU Directives are already implemented in the UK by regulations or Acts of Parliament; for example, the EU Working Time Directives are implemented by the Working Time Regulations 1998. It will be for Parliament to decide whether to retain, amend or repeal domestic legislation, and the theory is that they can do this without EU input after EU membership.

Most of the impact of Brexit will be speculative. Commentators have identified the harmonisation of contracts after a TUPE transfer; the calculation of holiday pay; agency workers’ rights; and the introduction of a cap on compensation in discrimination claims as examples of areas currently governed by EU law, where changes could be made in the future by a Government looking to roll back employment regulation.

It is possible that the UK will be required to continue to implement elements of EU legislation as a condition of a negotiated trade deal between the UK and EU.

Many areas of domestic law that are derived from EU law have been heavily influenced by decisions of the European Court of Justice (ECJ), for example, working time, TUPE and discrimination law. Under the European Union (Withdrawal) Act 2018, UK courts will not be bound by decisions of the ECJ made on or after the exit date. However, ECJ decisions made before that date will continue to bind UK courts in the interpretation of relevant laws and will have the same precedent status as decisions of the Supreme Court.

If there is no negotiated Brexit deal, the Government has identified two areas that will be affected:

  1. employees who work in some EU countries, employed by a UK employer, may not be protected on the insolvency of the employer; and
  2. regulations will be amended so that it will not be possible to make a new request to set up a European Works Council or information and consultation procedure.

Such things are unlikely to be pivotal, and it is therefore hoped that the impact of a no-deal Brexit will not impact employment law to much of an extent.

Speak to employment solicitor Karen Cole to find out more.

Note: This article is not legal advice; it provides information of general interest about current legal issues.

Stay in touch

Subscribe to our newsletter

Stay in touch

By completing your details and submitting this form you confirm you are happy for us to send you marketing communications and that you agree to our Website Privacy Policy and Legal Notice and to us using Mailchimp to process your data.


Sending

News/Insight

  • New sexual harassment rules may signal changes to office parties or a decline altogether
    Tomorrow is expected to be one of the busiest nights for office Christmas parties this year. While these celebrations are a staple of the festive season, offering a chance for colleagues to unwind and bond, they also bring unique challenges for emplo


    Read more
  • Employers need to support couples during relationship breakups
    Family Christmases are often followed by the news of unhappy couples calling it quits in January, leading to so-called "Divorce Day", as family lawyers receive numerous enquiries when they reopen after the Christmas break.


    Read more
  • What are trustee responsibilities? A guide to key duties and best practices
    Trustees' responsibilities encompass a wide range of duties when overseeing a trust estate under their care.


    Read more
  • What is the Employment Rights Bill 2024?
    The Employment Rights Bill 2024 marks a pivotal moment in UK employment law, promising the most significant reforms in over three decades


    Read more
  • Autumn Budget Statement 2024
    Key implications for employment law, property law, and estate planning


    Read more

What they say...

  • Howard, December 2024
    “Outstanding service. The process from start to finish was run so smoothly. Very professional and everyone involved was a pleasure to deal with and helped with easy to understand guidance, especially during this difficult time of losing a close

  • Ms McVeigh, December 2024
    Advice on redundancy, exit negotiations and settlement “I would like to express my gratitude to RIAA Barker Gillette (UK) LLP and specifically, Patrick Simpson for handling my case with professionalism whilst being prompt and personable. The pr

  • Rob Henderson, December 2024
    “Thoroughly professional. Way to deal with and access.” Contract review

  • Ms Lind, December 2024
    “I would highly recommend Patrick! Patrick advised me when I was being made redundant, making sure I was aware of my rights and advocated for me in all communications with my company. He came across very professional, trustworthy and knowledgea

  • Pal Peshikaj, December 2024
    “Compare Ben Marks and Martin Alfreds with MJ and Pippen – the conveyancers dream team. Both Ben and Martin were amazing in assisting us with the completion of our first purchase. Martin was always accessible, understanding and prompt whe

Read more
Send this to a friend