With the Brexit process in disarray, there are many unanswered questions about what will happen when we leave the EU. Among them is how some elements of our legal system will be affected.
Employment law is one area that’s been under the spotlight, with some raising concerns that leaving the EU will lead to an erosion of employee rights.
Writing for HR News, employment lawyer Alex Monaco explained what is likely to change in the immediate aftermath of Brexit, whether that comes at the end of March or later in the year.
He explained that there are a number of laws that come from the EU, including the working time regulations that cover the likes of holiday pay, annual leave and rest breaks; family leave entitlements; protection for part-time, fixed-term and young workers; and some health and safety legislation.
Much of the legislation relating to discrimination and harassment also comes from the EU, as do the TUPE regulations, which protect workers when a business is transferred from one organisation to another.
However, Mr Monaco stressed that laws relating to unfair dismissal and rights in the event of strike action come from the UK, not the EU.
But what could change when the UK leaves the EU? Initially not a lot, according to Mr Monaco. “Under the European Union (Withdrawal) Act 2018, the government committed to retain all current EU rights and as such, for the vast majority workplace rights will not change when we wake up on 30 March 2019,” he stated.
In a statement released earlier in March, the government explained that even after the UK has left the EU, parliament will be given the opportunity to vote on whether any new laws or changes to existing legislation relating to employment and health and safety should also be adopted in the UK.
There are two EU Directives that are due to come into force after the UK has left the EU: the Work Life Balance Directive and the Transparent and Predictable Working Conditions Directive. The government stated that it has voted in favour of both in the European Council and intends to ask parliament whether it would like to introduce them to UK law.
Last month, the Employment Lawyers Association (ELA) UK published a report that highlighted some of the concerns among employment lawyers in the UK about how employment law will be affected by Brexit.
ELA members said they were worried that the UK will no longer be bound by rulings from the Court of Justice of the European Union (CJEU). Although cases can still be referred to the CJEU once the UK leaves the EU, the UK will no longer be bound by the decisions it hands down.
Speaking to People Management, chair of the ELA’s Legislative and Policy Committee Paul McFarlane said there was “not a simple solution”.
“The CJEU has often interpreted directives in favour of workers bringing claims and has created some powerful and important case law in the process,” he asserted.
Whether you’re a business or an employee, make sure you seek advice from experienced employment solicitors in the event of any dispute.