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What the Future Holds for Employment Law Following #Brexit

As the nation still reels from the result of the EU Referendum, regardless of how you voted, it’s safe to say the UK now enters a period of uncertainty over Brexit.  Whilst the news reports that negotiations for Brexit will commence shortly, it is predicted that it will take at least two years for the UK to officially leave the EU.  It is therefore likely to be some time before the ramifications of the decision made by the majority of voters is known.

Prior to the referendum, we published an article on what Brexit could mean for employment law. Being part of the EU means that the UK currently has to create legislation which is compatible with EU law.  With that set to change, this gives the Government the opportunity to review currently legislation and decide what, if any, changes should be made.

Now Brexit has been confirmed, here are my top employment law predictions for what changes we could see over the forthcoming years.

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The Implications for Employment Law if the UK votes to leave the EU

The possibility of a UK exit from the European Union (EU) – colloquially known as a Brexit – is high on everyone’s agenda. As we move ever nearer to the “in-out” referendum vote on whether or not the UK should remain a member of the EU, it’s time to consider the possible implications on UK employment law. This is because a significant proportion of the UK’s employment law comes from the EU, including discrimination rights, collective consultation obligations, transfer of undertakings regulations, family leave, working time regulations and duties to agencies workers.

In the event of a Brexit, the UK Government would regain parliamentary sovereignty and so would no longer be bound to have national legislation reflecting the many EU directives covering laws in the workplace. The UK would appear to be at liberty to abolish or amend existing its employment law that comes from the EU as it saw fit and the UK Courts and Tribunals would no longer have to defer to the European Court of Justice in cases involving EU law. Below we set out some thoughts on how this may operate in practice.

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