How will Brexit affect employment law?
The impact of Brexit on employment is, on the face of it, likely to be limited. Whilst a significant proportion of UK employment law is derived from the EU, it is unlikely that there will be changes following Brexit. The greatest practical implication is the likely change to the right of freedom of movement of EEA nationals following Brexit.
The Government’s stated intention is to protect and enhance workers’ rights after the UK’s exit from the EU. The Government announced draft legislation that seeks to ensure that EU derived employment rights remain aligned with EU law after exit day.
It is possible that the Government may take the opportunity to amend some areas of employment law to reduce the regulatory burden on employers but we will have to wait and see.
In the event of a no-deal Brexit, the Government have published their view on the likely impact on workplace rights that suggest that although the Government will make small amendments to employment legislation to reflect that the UK is no longer an EU country, these amendments will not change existing employment rights. In addition, whilst the Government intends to protect existing rights in relation to European Works Councils, it intends to change the law so that no new request to set up a European Works Council or information and consultation procedure can be made.