Brexit’s potential influence on UK Employment Law

Since the decision to exit the European Union has been taken by the British public those connected with UK Employment Law have paid close attention to developments which may affect employment rights within the United Kingdom.

Many believe that the decision may be linked with a perceived interference of EU-derived human rights legislation which received such bad press in the lead-up to the Brexit vote or alternatively worker’s rights legislation imported from Europe described by those in some quarters as a nuisance or worse.

As such, there has been a fear that following Brexit there will be a deliberate attempt to ‘water down’ workers’ rights by the current government.

Theresa May has on many occasions reassured members of the public that UK workers’ rights will retain protection following Brexit under the Great Repeal Bill, which enshrines EU standards.

There are in addition to this various European Commission papers provide some insight into what may be formally adopted in due course in Gothenburg and what may be formally adopted in due course.

For example, the Reflection Paper on the Social Dimension of Europe and the European Pillar of Social Rights paper both published in April 2017 are very similar to the UK government white papers on Brexit and the Taylor review on modern working practices which were also published during this year. 

These papers collectively identify the need to permit legislation and the labour market generally to develop in line with developments in technology and in particular challenges of the Gig Economy.

These papers focus on a need to increase the pace of change requiring new skills as well as the necessary flexibility for employers to adapt swiftly to changes in the economic context.

There is also a focus on innovative forms of work that ensure quality working conditions are being fostered as well as ensuring legal protection for workers keeps pace with the changing labour market. 

As a result of this, it appears at least that in the field of employment law both the UK and Brexiteers are still on the same page.  This should – at the very least – be reassuring to both UK businesses with subsidiaries or parent companies in Europe as well as foreign-owned businesses with operations within the UK.

However, it remains to be seen whether or not the incumbent government keeps its promises to protect UK workers’ rights following the successful completion of the Brexit process.

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