We’ve been in the EU since 1972, and much of our employment law comes from EU law. Post Brexit, there will be no immediate effect on employment law. I think the Government will be busy in other areas first. Existing EU Directives are generally already implemented in the UK by regulations or Acts of Parliament; for example, the EU equality Directives are contained in the Equality Act 2010. In case law, ECJ decisions made before leave date will continue to bind UK courts in the interpretation of relevant laws, but those made after won’t.
There are some rights, currently derived from EU law that could be targeted by any Government wishing to reduce workers’ rights using new domestic laws post Brexit: for example the harmonisation of contracts after a TUPE transfer; the calculation of holiday pay; agency workers’ rights; and capping compensation in discrimination claims.
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