The Brexit & UK Employment Law

Will The Brexit Create Major Employment Changes?

The UK government is unlikely to immediately begin establishing new laws of dramatic change. Such a departure from existing legislation would act against long-held fundamental expectations that UK workers have come to expect from the law.

Sudden changes could result in a scenario where certain work benefits are discontinued, causing upset to UK workers that might lead to public protest. Such a loss could include UK workers losing the beneficial holiday pay laws that are currently in place as these were founded under EU law. It is far more likely that alterations to the status quo will be made gradually and slightly as per negotiation in UK Parliament.

It’s also worth noting that certain laws will remain in place due to their being part of British legislation prior to the UK joining the EU, through which the same policies are enforced. In other areas of law the UK has actually pushed beyond what is required by EU rules, such as the introduction of paternal work leave that grants fathers the chance to share the benefits of maternity leave. British progression of this kind is very unlikely to be revoked, or even altered, as a result of the nation leaving the EU.

So Business As Usual Then?

Although it will certainly take a while before Britain constructs a complete legal strategy for its future, it’s interesting to note that the eventual outcome may still rely upon the continuance of existing European law anyway should the country elect to retain its membership of the European Economic Area (EEA). If so, there are certain aspects of EU employment law legislation that will need to be kept as well. However, if Britain chooses to leave the EEA the nation will only be required to act in line with laws dictated by the World Trade Organisation instead of EU law.

In order to satisfy both British workers and EU members it is likely that the UK will enter into a new series of laws that appease all trading partners in a way that doesn’t give Britain unfair trading advantages, thereby neither alienating EU nations or global partners.

What About Freedom of Employee Travel?

A founding aspect of EU employment law is for employees across the continent to have the right of travelling between EU member states. This includes the right of permanent residence in a country not of their birth as long as the employee has undertaken five or more years of employment in that nation.

This right of travel will be brought into question should Brexit occur, as it will limit international employment for UK citizens while restricting UK businesses from hiring foreign workers; a legislation that boasts outspoken political voices speaking both for and against it.

Of all the changes that politicians on both sides of the Brexit argument continue to argue for, employment law has generally not been a focus of discussion thus far, although this could all change in the near future.

Do you feel strongly about making changes to UK employment law?