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Brexit and Employment Law

It is fair to say that since the UK voted to leave the European Union we have seen a high level of political unrest and economic uncertainty. It still remains to be seen what potential changes we shall see to UK employment law post-Brexit, but once the British Government triggers Article 50 of the Treaty of the European Union, we shall have 2 years to implement the procedure to leave and negotiate any applicable trade deals.

Regardless of leaving the EU, it is predicted that its employment laws shall continue to influence the UK as a substantial amount of it is derived from EU legislation, including family leave and TUPE. Similarly it is predicted that there will not be wholesale changes to existing legislation as any alterations to family-friendly rights would not be voter-friendly. If we are to see any changes to UK employment law then it is most likely to be to part-time and fixed term workers’ rights, as well as the working time regulations.

As the UK continues to be bound by the existing EU laws and obligations, the status quo shall remain at least until Article 50 is triggered. In addition, if the UK were to join the European Free Trade Association and the European Economic Area then EU regulation and directives on employment rights would continue to be applicable in the UK.