Brexit: How UK employment law may change

Brexit: How UK employment law may change*

Enrique Garcia, a consultant at employment law firm ELAS, discusses which areas may and may not change.

Unlikely to change

National Minimum Wage

Very much a British idea and regulations are not required by European law. Significantly higher than that in similar European systems and the UK Government recently introduced the National Living Wage.

Transfer of Undertakings (TUPE)

The UK has gone further than the EU in terms of TUPE and when it applies so there are unlikely to be any changes.

Unfair dismissal and tribunals

Legislation relating to unfair dismissals and tribunals will almost certainly remain the same as much of it did not originate from the EU.

Discrimination

While many of the UK laws regarding discrimination derive from the EU, it’s unlikely that there would be any major overhaul. The government could face serious backlash and uproar, and there would be wider social implications if these laws were to be repealed.

Data Protection Act

A bit of an unknown area as it came about from an EU law, but it’s unlikely to be repealed as it would cause public outrage.

 

Likely to change

Working Time Regulations

Long a point of contention with politicians campaigning for the UK to opt out. They influence weekly working hours, rest periods, paid annual leave and extra protection for night workers.  It’s more than likely that they will be restructured but it is unlikely that they will be completely repealed.

Agency Worker’s Rights (AWR)

Potentially high on the list of legislation to be amended or fully repealed. AWR was introduced to comply with the EU’s agency workers’ directive and is almost universally unpopular. It has been heavily criticised and is expected to be completely repealed.

Right to Work

UK nationals living and working in Europe as well as EU citizens working in the UK will be affected. The EU will be able to decide the terms on which it will allow British nationals to work in the EU but it’s likely that the UK would negotiate separate trade agreements allowing both UK and EU nationals to work flexibly.

 

*We say may, of course, so much is yet unknown.

 

Further links:

How to help your employees cope with Brexit

Brexit: Reactions from an HR perspective

 

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References:

Original article can be found here

http://united-kingdom.taylorwessing.com/download/article-brexit-employment-law.html

http://www.blplaw.com/media/download/Brexit_-_client_QA.PDF

 

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