Brexit: the employment law implications

Top 10 Brexit Employment Issues

From a practical perspective, the UK’s exit from the EU has already had, and continues to have, a significant impact on workplaces in the UK and across Europe, with many businesses restructuring their operations and reviewing employee arrangements. See our list of Top 10 Brexit Employment Issues.

It is, however, only expected to involve limited amendments to UK employment law in the short term. At this stage, there have been no proposals to make any substantive changes to UK employment law. The Government has published two draft employment-related statutory instruments, which are broadly intended to make technical amendments to employment laws in the event of a no-deal Brexit. The amendments aim to ensure the legislation is clear by removing or amending language that is no longer appropriate once the UK has exited the EU.

There will be an impact on existing and future European Works Councils arrangements, which would require a reciprocal arrangement with the EU if they are to continue to operate in their current form.

Of course, there will be a new relationship post-Brexit between UK and EU employment law. Whilst the Government has committed to the “non-regression of labour laws”, in time there will likely be divergence in approach. UK courts and tribunals will no longer be bound by the rulings of the CJEU after exit day.

For a high level employment law overview to compare the flexibility of employment law in Europe, please see here.

For further information, please refer to Brexit: the legal implications.

This document (and any information accessed through links in this document) is provided for information purposes only and does not constitute legal advice. Professional legal advice should be obtained before taking or refraining from any action as a result of the contents of this document.