Impact of Brexit on UK Employment Law.

On 29 March 2017, the UK government worked on the official notice under Article 50 of The Treaty on the European Union to dismiss the UK's membership of the EU (following the June 2016 UK referendum on EU membership). Based on Article 50, the EU Treaties shall conclude to apply to the UK and the UK exit will take place in March 2019 (given the improbable possibility of the withdrawal agreement being decided sooner and unless all Member States agree to increase the period).  Negotiation of a new trade agreement with the EU could take various years beyond 2019 although the Prime Minister has professed the objective of achieving such an agreement within the two-year period.

The important elements of the Bill that are described in the White Paper are as follows:

·         the Bill will convert EU law which is openly applicable in the UK into UK law;

·         it will reserve all UK laws that implement the UK's EU obligations (ie. EU law which is given effect through national law);

·         the rights in the EU treaties that can be relied on directly in court by an individual will continue to be available in UK law (and the UK courts will continue to be able to look to the provisions of EU treaties to interpret the EU laws that are preserved); and

·         the Bill will provide that historic CJEU case law be given the same binding, or precedent, status in UK courts as decisions of the Supreme Court

For employment lawyers in London, it is necessary to understand all the underlying elements associated with Brexit. This is because they are the ones who have to deal with ground situations in actual.

On 26 June 2017, the Government released a White Paper delineating its suggestions for the status and rights of EU citizens in the UK after Brexit in the anticipation that the EU will provide mutual treatment for UK nationals resident in its member states.  The proposals are made with reference to a 'cut-off date' which will be between the date on which the UK served its Article 50 notice to leave the EU (29 March 2017) and the date on which the UK actually exits the EU.

In order to get desired outcomes, it is better to count on one of the experienced employment lawyers in London. As employment law practices have evolved and employment law has become more multifaceted, a new role has been created in many of the more developed practices: that of professional support or professional development lawyer – an experienced employment practitioner who is no longer client-facing but supports colleagues in ensuring that they keep on top of this rapidly changing domain of law.

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Created on Dec 27th 2017 01:07. Viewed 465 times.

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