The effect of Brexit on UK’s employment law and employment lawyers in London.
by Hudson Mckenzie Lawyers and Solicitors who understand youIt has passed now multiple months
since the UK chose to stay away from the European Union. What are the short and
long-term insinuations of this significant decision for employment lawyers in London?
On 17 January 2017, the Prime
Minister Theresa May delivered a big speech on the Government’s purposes for
leaving the EU, but it is still far from clarity what new relationship we will
finally have with the EU and how this will affect theemployment law in the UK.
A majoramount of our existing
employment law comes from Brussels. Once different from the EU, the Government
could in theory cancel discrimination laws, co-operative consultation responsibilities,
transmission of undertakings regulations, family leave, working time obligations
and duties to agency workers among other laws. But would this really take place?
A large number of EU employment
protections, including equal pay, race and disability discrimination laws and
the power to return from maternity leave resided in some kind in the UK before
being forced by Europe. It seems improbable that a UK government would withdraw
rights that precede European laws.
Another motive that the Government
might be unwilling to cancel employment law protection is that much of it is observed,
by employers, employees and even by politicians, as a wonderful thing.
Employment rights including family leave, discrimination law and the right to
paid holiday are now widely acknowledged; indeed, family leave rights in this
country go ahead than required by EU directives.
David Davis, the Minister for Exiting
the EU, has made is quite clear that he is not in favour of cutting down on
employment rights. And the Prime Minister, in her speech on 17 January 2017, assured
not only that workers’ rights would be “fully protected and maintained” through
the Brexit refendrum, but that “we will build on them” to “ensure legal safeguard
for workers keeps pace with the changing labour market”.
Process and period for Brexit
It will unavoidably take some time
for the UK to extract itself from the EU. The Prime Minister has suggested that
the Government will give the EU formal notification of the UK’s withdrawal by
March 2017. There is, however, a legal trial which might delay things, projected
at obliging the Government to get Parliament’s agreement before notice is
given. The judgment of the Supreme Court in this case is looming.
According to leading employment lawyers in London, “Once notice has been served,
there will be a two-year period during which the parties will transfer the
terms of departure and possibly put in place new trading arrangements.” Some
commentators think it will take majorly longer than that to agree exit terms
but, unless both the UK and the European Council agree to extend negotiations,
the UK will simply cease to be a member of the EU at this point (i.e. circa
March 2019).
The Government’s objective will be
agree a new forthcoming trading relationship with the EU. It seems verydubious
that full agreement on a permanent, long-term trade deal could be attained
within the two-year negotiating period described above, but it is totally
feasible that a conventional arrangement could be applied.
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Created on Jan 24th 2019 01:07. Viewed 664 times.