What impact will Brexit have on employment law?

March 24, 2020

With the UK’s withdrawal from the European Union, the question of how this separation will impact Employment Law can seem unclear.

To clarify, the European Union laws will continue to apply to the UK, for now. However, by December 31st, 2020 current EU laws will be transformed into domestic law and it will be up to Parliament to decide whether to keep or alter these.

Then what happens?
When the transition period does end later this year, the government is planning to install a minimum salary and points-based immigration policy. The Migration Advisory Committee has stated more details will be available early this year but until then, the Chartered Institute of Personnel and Development will continue to work closely with the government to ensure any new immigration system meet current and future employer needs. Holiday pay and sickness leave are just a few examples of where change could arise.

Changes in employment law post Brexit
There will undoubtably be changes to UK employment law post Brexit, however people would be wrong to believe it’s a significant change. This comes from the misconception that most UK employment law stems from European law. It may come as a surprise to many that most of the fundamental UK employment laws have no ties to the European Union.

The government has confirmed the following:

  • There will be no changes to the rights and status of EU nationals residing/working in the UK at present.
  • If there is a deal, EU nationals who are working in the UK before 31 December 2020 will have until 30 June 2021 to apply under the EU Settlement Scheme.
  • If there is no deal, EU nationals who are working in the UK before 2300 hours on 31 October 2019 will have until 31 December 2020 to apply under the EU Settlement Scheme and EU nationals who move to the UK from 1 November 2019 will have to apply for a three-year temporary immigration status.

Do you want to find out more?
At CoLaw we provide Employment Law and HR advice to support companies irrespective of the size of their business. If you’re concerned about any impact Brexit may have on your business with regards to employment law, then get in touch, and we will be happy to help!

The information provided in all of our blogs reflects only a narrative of some elements to consider on the topic. The blogs do not contain considered legal advice and should not be relied upon as advice. Please see our website terms and conditions for full details of our disclaimer. If you are interested in obtaining advice, please contact one of our lawyers who will be happy and able to advise you on your own particular circumstances.

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