How will UK Employment Law be affected by Brexit?

A substantial proportion of the UK's Employment Law comes from the EU including discrimination rights, family leave and working time Regulations. Whilst it is unlikely that the UK would repeal all of this, the Government may gradually repeal some of the EU employment laws.

To repeal discrimination laws would be controversial and unlikely, however the Government may consider putting a cap on discrimination compensation, similar to that in unfair dismissal claims. A repeal of the working time Regulations seems unlikely, although, there are aspects of the right to paid holiday e.g. the right to keep accuring holiday whilst on sick leave, which are unpopular with UK businesses that may be at risk of change following Brexit. The UK may also wish to remove the cap on maximum weekly worknig hours.

The most likely candidate for complete revocation is the Agency Workers Regulations 2010 which are unpopular and complex.

Whilst UK empolyment law may not be transformed following Brexit, in the long term there will inevitably be some changes. Whether those changes will be for the better or worse remains to be seen.

For more information contact David Coward.