Post-Brexit employment rights

  • Date: 17 March 2020

EXISTING employment laws are expected to continue to apply in the UK until at least the end of 2020, the Government has said.

The UK ceased to be a member of the European Union (EU) on January 31, 2020. At that point it entered into a transition period which is set to last until the end of the year. During that time, existing EU-based employment legislation will continue to apply.

Whether the UK departs from EU legislation in the future will depend on the shape of the UK’s relationship with the EU. In the event that the UK has scope to diverge from EU employment law, changes may not necessarily be immediately applicable.

Any changes to employment law will require parliamentary approval and the UK Government will need to decide if reform is desirable.

UK workers have become accustomed to a high level of workplace protection and changes to areas such as discrimination law are not anticipated by employment law experts.

Furthermore, many employment rights from which employees in the UK currently benefit, such as unfair dismissal and the minimum wage, do not come from EU law.

It is also worth bearing in mind that internal policies and contracts of employment which employers already have in place may not be changed without consultation and agreement in some cases.

If you require further guidance as to whether someone has the right to work in the UK then you can read the UK Government’s guidance

This page was correct at the time of publication. Any guidance is intended as general guidance for members only. If you are a member and need specific advice relating to your own circumstances, please contact one of our advisers.

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