The potential implications of Brexit on employment law
Employment law is one area that could change post-Brexit and this could therefore affect you whether you are an employer or an employee.
Immediately post-Brexit there is unlikely to be any significant change to basic employment law, because much of EU employment law has been brought into effect by UK legislation that will remain in force post-Brexit unless and until amended.
In other cases, the UK deliberately provides protection that exceeds the EU minimum. Prime examples include maternity leave and the right to 5.6 weeks, holiday as opposed to the 4-week EU minimum. Withdrawal from the EU is therefore unlikely to prompt a change in these areas.
Post-Brexit, UK Courts and Tribunals will not refer cases to the European Court of Justice and will not be obliged to follow decisions from that Court, but that is not going to affect many people’s employment position.
Employers’ internal employment policies and even their Contracts of Employment often reflect certain EU rights, for example, working time, sickness, absence and equal opportunities. From a legal perspective, reducing entitlements to these rights could be difficult for an employer if these rights have already become contractually entrenched.
The following rights are UK-based and do not stem from the EU so are unlikely to change:-
• unfair dismissal;
• minimum wage;
• unauthorised deductions from wages;
• statutory redundancy;
• industrial action;
• paternity leave;
• shared parental leave;
• flexible working;
Pregnancy and maternity provisions are a mixture of EU-and UK-based rights, but UK rights go further than the EU minimum. Wholescale changes are unlikely, but it is possible that there could be a reversal of the current entitlement of workers on maternity leave to carry over unused entitlement to another leave year.
Parental leave is an EU-based right. This right is to unpaid leave, which limits its actual uptake. It is unlikely to be a priority for change.
Working time is an EU-based right. The UK has opt-out provisions in relation to the 48-hour working week. A future government might remove this limit altogether.
Holidays and holiday pay are an EU-based right. The UK already exceeds the EU minimum in this respect and basic holiday provision is unlikely to be subject to change. The current entitlement of workers on long-term sick or maternity leave to carry over unused holiday entitlement to another leave year, could be reversed.
Collective redundancy consultation is an EU based right. This could be subject to change post-Brexit.
TUPE is an EU-based right that could be subject to change.
The current right of agency workers to the same basic working conditions as equivalent permanent staff after 12 weeks is an EU-based right. This is a likely candidate for change.
The UK had protections against sex, race and disability discrimination before it joined the EU but these rights have been extended by the EU and now include protections against discrimination on the basis of age, religion/beliefs and sexual orientation. Discrimination laws are widely accepted in workplaces and in wider society so significant changes seem unlikely, but there could be changes such as a limit for compensation payable.
Part-time workers have protection on an EU basis against less favourable treatment in relation to full-time workers. This could be subject to change, but could give rise to arguments relating to sexual discrimination as the majority of part-time workers tend to be female.
Britain has a relatively flexible workforce and it is hoped that, as long as the employment law environment stays reasonably stable, there should not be significant problems for business post Brexit.
If you would like advice on dealing with employment contracts to ensure that you are fully prepared for Brexit, please get in touch with Katherine Flashman Kitson on 01566 772375 or email email@example.com
The death knell for ‘kiss and tell’?
Making a will when you retire
Selling your property at auction
Not looking so good - your guide to compensation for botched non-surgical cosmetic procedures
New threshold of seriousness in defamation proceedings
Legal considerations when building a granny annex
Choosing the right person for your power of attorney
Formal Interviews - Do you need legal representation?
Privacy rights and aerial images
Trustees’ duty to give information to beneficiaries
Five problems with a leasehold property
Taking your first commercial lease
Is your organisation protected from employee social media legal risk?
Have you been targeted by negative social media posts?
Farmers be alert when being inspected
Help for House Sellers?
Don’t let your digital assets end up in a digital grave
Valuing an estate for probate
Development proposals and your local authority search
What can you do if your child is injured in a serious accident
NetRights welcomes new protection for social media users
SHOULD I GET A LAWYER FOR A SPEEDING OFFENCE?
Supreme Court recognises that social media is a “casual medium” in libel battle
Choosing the best conveyancer who is right for you
Making a will after a second or subsequent marriage
Option or promotion agreement – which is best for landowners?
Anonymous pub and restaurant online reviews leave a bad taste
Have you had an accident involving a horse?
Help to Buy – beware of some cracks in the structure
Understanding Lasting Powers of Attorney
Changes to Energy Performance Certificate for Landlords
Had a cycling accident? Your route to obtaining compensation
New year, new home: tips to sell your home in the New Year
Tax Planning for your inheritance
Hearing loss: when your employer may be liable
Buying a home for your retirement, five things you need to consider
Farmers plan to diversify after Brexit
Ministers press ahead with probate fee shake-up - reports BBC News
Botched dental treatment? You may be entitled to compensation
Why a Health and Welfare Power of Attorney is a good idea
Will the new charge on building developments in Cornwall affect you?
Energy Performance Certificates – Do They Matter?
HMRC Challenging Stamp Duty Land Tax Payments
Ben Mitchell qualifies as a solicitor
The potential implications of Brexit on employment law
Appointing a guardian for your children
Houses in multiple occupation – new rules from October 2018
New Agriculture Bill published
Will Brexit affect my pension?
Dreaming of a holiday home? Sort out the legals before putting your feet up
Lasting Power of Attorney by Deborah Adams
Settled status after Brexit by Alexis Hager
How to choose an executor to administer your estate when you die
How overage agreements can boost profits from your land
Top tips for first-time buyers
How Could Brexit Affect My Farm?
Wills & Succession in Spain by Deborah Adams
Brexit – an international and local view by Alexis Hager, Litigation
Capital gains tax - important facts for non-residents of the UK
Buying a home: the importance of making sure the seller is entitled to sell
Changing a will after someone has died: it is possible and it could save you money
Your responsibilities when you have people working in your home
Sad passing of Battle of Britain pilot who served with Parnall family member
Considerations when buying a heritage property
Disciplinary proceedings at work: guide for employers
Employers should have a disciplinary process in place, but just following this may not be enough to avoid falling foul of the law and exposing yourself to the risk of an employment tribunal claim.