Brexit podcast blog series The effect of Brexit on employment law

In our latest Brexit podcast, Keebles Partner and Head of Employment, Catherine Wilson, explains the current circumstance of employment law in the UK.

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Brexit podcast blog series The effect of Brexit on employment law

Rules and regulations governing employment law have been strongly debated since the Brexit referendum in the UK. In our latest Brexit podcast, Keebles Partner and Head of Employment, Catherine Wilson, explains the current circumstance of employment law in the UK.

At the moment, it seems there will not be a lot of change in employment law. At the end of the Brexit transition period on the 31st of December, the government has indicated that all existing EU-based legislation, including the working time regulations and the transfer of undertaking regulations, will continue to apply in domestic law.

One of the bigger attractions of the Leave campaign in terms of employment law was to create a deregulated labour market and have less-restricted employment law. We can expect some type of change regarding this, although it is currently unclear in what aspect and what time frame.

It’s quite significant that in Theresa May’s original agreement, there was a much higher level of commitment to maintaining an even playing field, but the current Government have moved this from a legally binding withdrawal agreement to a non-political declaration as part of the transition agreement. This could be seen as a sign that whilst the Government have made a non-binding commitment to maintain existing EU standards, they wanted freedom in the future to make future changes in general employment law.

However, this does not indicate that they will comply with any new law passed by the EU in the future.

The topic of workers’ rights is an element expected to feature in the ongoing trade negotiations, as the EU wants a binding commitment, but as yet it’s unclear where the disputes lie and further details still need to emerge – despite nine months of discussions.

In the other developments, historically some EU-passed laws were directly applicable to the UK, whereas other legislation needed implementing in UK specific legislation. Similarly, the European Court of Justice has had overriding jurisdiction in regard to the interpretation of the legislation. Post-transition, this will change as the UK Supreme Court, and possibly other lower courts, will not be bound by European judgements.

To listen to the full podcast, visit https://www.keebles.com/podcast/keebles-podcast-brexit-employment/.

If you have any further questions on employment law with regards to Brexit, please contact our employment team at employment@keebles.com for any further advice.

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