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BREXIT - Crystal Ball Gazing From an Employment Law Perspective

So it’s decided, we’re out! In a period of inevitable uncertainty what are the likely implications of Brexit so far as Employment Law and HR? Looking into my crystal ball I see the following:

  • Trade deals will need to struck with those countries which remain within the EU and this probably means that we will remain bound by some European employment laws as a condition of such deals, especially the working time regulations.
  • Tupe is likely to remain (as it’s so ingrained in UK employment protection rights) but with some tweaks. The consultation requirements and restrictions on post transfer harmonisation of terms are likely to be, at least, relaxed.
  • Discrimination laws are unlikely to change – they are now so ingrained into our legal framework and are probably now considered to be fundamental.
  • The equal pay regime will probably remain untouched.
  • Shared parental leave/pay etc will survive – it wasn’t really a European development at all.
  •  Holiday entitlement and holiday pay – I suspect this could be a target for reform with employee’s rights to minimum annual holiday being eroded together with a less worker friendly clarification of what is included in a “weeks pay” for holiday pay calculations.
  • Agency workers rights could be drastically altered. They are, on the whole, unpopular with UK businesses and I can see the Government’s scalpel making deep cuts here.

I may be wrong, after all I’m a lawyer not a clairvoyant, but it’ll be interesting to see if one or two years time how my predictions stack up.

If you require support around your businesses HR or support with employment law obligations please do not hesitate to contact Chris Macwilliam on 0800 083 0815, send a message through our contact us page or pop into your local Clough & Willis branch to make an appointment.