BEERG: UK Employment Rights in a No-Deal Brexit

July 26, 2019

With new UK Prime Minister Boris Johnson committed to Brexit even without a deal, a variety of issues stemming from developments in UK employment law may face employers, including the treatment of EU citizens working in the UK, data privacy, European Works Councils, and business travel.

Current legislation commits the UK to leaving the EU on October 31.  PM Johnson's cabinet is full of “Brexiteers” set to leave the EU on this date with or without a deal.

“Although the UK may dismantle some EU-derived employment rights following a no-deal Brexit, there are still likely to be areas of employment law where the UK goes further than the EU,” Russell Brimelow, Andrew Osborne, Gemma Taylor, and Kathryn Denyer of Lewis Silkin write in the most recent BEERG Global Labor Newsletter.  An example is UK laws on nationality discrimination in the workplace.

However, “In the event of a no-deal Brexit, the European Union (Withdrawal) Act 2018 will simply convert all EU employment law as it stands before Brexit into UK law.  The Employment Rights (Amendment) (EU Exit) Regulations 2019 will make some small technical changes and introduce new provisions intended to preserve UK-located EWCs (although we don't think the EWC arrangements actually work) but, apart from the changes made by those regulations, employment law will remain the same in the immediate term.”

Read the full BEERG Global Labor Newsletter.