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EU employment directives remain in place during Brexit process

The referendum vote to leave the European Union could have a significant effect on UK employment law although there will be no change in the short term while the Brexit process is taking place.

It means EU law relating to matters such as TUPE, Working Time Regulations and Agency Workers will still apply over the next two years and possibly longer. British courts and tribunals will continue to apply these regulations in the light of EU directives.

The regulations and other EU based laws will also remain in place after Britain’s exit until the government amends or replaces them.

How employment law will look after the exit process is complete in two or three years’ time is highly speculative at this point and will depend on the government of the day.

If the present government remains in power, then it’s likely that some deregulation could take place.

This could involve repealing the Agency Workers Regulations, amending TUPE transfer conditions, relaxing Working Time Regulations and placing a cap on the monetary awards made in discrimination claims.

However, a Labour administration is likely to retain most of these regulations and possibly even strengthen them.

Whichever party is in power, it is quite possible that the UK will agree to retain a wide range of EU regulations as a condition of obtaining a new trading deal.

We shall keep clients informed of developments.

Please contact us if you would like more information about the issues raised in this article or any aspect of employment law.