Skip to main content

News story

December 13, 2018

Brexit and employment law

Whichever side of the Brexit fence you sit on, there is no doubt that Brexit has the potential for far reaching implications for the UK.

Some have advocated that the UK’s involvement in the EU was always a bad marriage, and it could prove to be that Brexit is a bad marriage ending in divorce. Like most divorces, this one could be messy, painful, expensive, and worse still, it’s likely to take years to complete. Time will only tell if this is correct.

Looking specifically at the effect that Brexit will have on employment law, although much of UK employment law is derived from EU law, the UK’s withdrawal from the EU is unlikely to have an immediate impact. When the UK leaves the EU, the European Union (Withdrawal) Act 2018 will repeal the European Communities Act 1972, and existing EU law will be converted into domestic law.

Most EU Directives are already implemented in the UK by regulations or Acts of Parliament; for example, the EU Working Time Directives are implemented by the Working Time Regulations 1998. It will be for Parliament to decide whether to retain, amend or repeal domestic legislation, and the theory is that they can do this without EU input after EU membership.

Most of the impact of Brexit will be speculative. Commentators have identified the harmonisation of contracts after a TUPE transfer; the calculation of holiday pay; agency workers’ rights; and the introduction of a cap on compensation in discrimination claims as examples of areas currently governed by EU law, where changes could be made in the future by a Government looking to roll back employment regulation.

It is possible that the UK will be required to continue to implement elements of EU legislation as a condition of a negotiated trade deal between the UK and EU.

Many areas of domestic law that are derived from EU law have been heavily influenced by decisions of the European Court of Justice (ECJ), for example, working time, TUPE and discrimination law. Under the European Union (Withdrawal) Act 2018, UK courts will not be bound by decisions of the ECJ made on or after the exit date. However, ECJ decisions made before that date will continue to bind UK courts in the interpretation of relevant laws and will have the same precedent status as decisions of the Supreme Court.

If there is no negotiated Brexit deal, the Government has identified two areas that will be affected:

  1. employees who work in some EU countries, employed by a UK employer, may not be protected on the insolvency of the employer; and
  2. regulations will be amended so that it will not be possible to make a new request to set up a European Works Council or information and consultation procedure.

Such things are unlikely to be pivotal, and it is therefore hoped that the impact of a no-deal Brexit will not impact employment law to much of an extent.

Speak to employment solicitor Karen Cole to find out more.

Note: This article is not legal advice; it provides information of general interest about current legal issues.

Stay in touch

Subscribe to our newsletter

Stay in touch

By completing your details and submitting this form you confirm you are happy for us to send you marketing communications and that you agree to our Website Privacy Policy and Legal Notice and to us using Mailchimp to process your data.


Sending

News/Insight

  • Double jeopardy of digital asset inheritance planning amid probate delays
    Hidden digital assets and mounting interest on inheritance tax bills are creating a costly double risk for families dealing with estates following the death of a loved one, as probate delays continue to impact thousands across England and Wales, addi


    Read more
  • Deal or no deal? Keeping negotiations on track
    How to keep commercial deals on track with Heads of Terms, NDAs and exclusivity, improving efficiency, reducing risk and avoiding delays.


    Read more
  • Rights and wrongs: How AI is reshaping Employment Tribunal claims
    AI may be a familiar presence in the workplace, but it’s now starting to appear somewhere less expected: the Employment Tribunal (ET). Grayson Stuckey explores this trend – and what it means for employers.


    Read more
  • Renters’ Rights Act: why process and paperwork matter more than ever for landlords
    The Renters’ Rights Act has now passed into law, marking one of the most significant shifts in the private rented sector in a generation. Most of the new measures will take effect in May 2026, with a national landlord database to follow later in th


    Read more
  • Understanding the Roles of Executors and Trustees
    When making a will, you place significant trust in those appointed to carry out your wishes. Executors and trustees are key roles, often held by the same people, but their responsibilities differ. Understanding these roles and their obligations helps


    Read more

What they say...

  • W Sandover, April 2026
    Boundary Wall dispute “Although (for complex, not relevant) reasons, this matter never reached the point of either negotiations or a court case, Barker Gillette staff provided us with excellent support. I would certainly go back to them in the

  • Client, April 2026
    Excellent suppy “Karen Cole supported me through a difficult time with warmth and professionalism. She made the entire process as smooth as possible, responding quickly to communication and giving clear advice. I would highly recommend Karen to

  • Client, April 2026
    So helpful! “Pippa Marshall listened and offered supportive, practical advice. She was very friendly, easy to talk to and did not pressure me to make any costly decisions during my free 30-minute consultation. I would definitely recommend Pippa

  • Nika Franke-Matthecka, April 2026
    “We had an excellent experience working with Michael Davies and his team on the sale of our property. They were efficient, knowledgeable, and highly diligent throughout the entire process. Communication was always prompt and clear, which made w

  • Paul Woodman, March 2026
    Will writing “Excellent service from start to finish. Efficient and good value. Charlotte was very professional, knowledgeable and understanding.”

Read more
Send this to a friend