Brexit – what now for employment law?

What are the implications for UK employment law? Which laws will be repealed (if any); for example: collective redundancy , TUPE, agency worker rights and holiday pay?

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2 thoughts on “Brexit – what now for employment law?”

  1. At one extreme, the legislation that stems from the EU, such as most of our discrimination laws, holiday pay and TUPE could be affected. Whether there will be the political will to make radical amendments to such legislation over the coming years is as yet unclear. It is difficult to imagine drastic changes being made to erode protection for disabled people against discrimination under the Equality Act, for example. The precise rules governing holiday pay might be less immune to change, as might the service provision change element of TUPE.

    One unfortunate consequence in terms of employment law and HR may well be the restructuring and relocation of businesses in the light of the decision to leave the EU, with the redundancy consequences that could follow. In a more volatile economic climate, it is always particularly important for businesses to have the necessary HR support mechanisms in place to help them cope with decisions that might need to be made quickly and in response to changes in market conditions.

  2. A considerable amount of our UK employment legislation derives from EU Directives, by which we will no longer be bound. Much of that legislation is good and the UK will retain. Some of the laws, however, the government may wish to dispense with, such as the 48 hour week and protection for agency workers. And what of decisions made by the Europe courts? If they will no longer be binding on the UK we can expect to see new law created to relax the more arduous decisions, for example around holiday pay and TUPE. It’s certainly going to be an interesting time.


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