Document Abstract

Nothing to see here? (employment law landscape before and after Brexit), IN Adviser, No 188 Apr 2019, pp23-27

Looks at the employment law landscape before and after Brexit, what is known will happen and what is likely to change. Sets out aspects of employment rights that have been derived from EU law, and through directives and court decisions, including working time regulations, protection for working parents, and protection for atypical workers. Suggests that nothing will change in terms of workers’ rights on leaving the EU as legislation has been enacted on this. Discusses how EU-derived workers’ rights were given effect in the UK from 1972 to 2019 in order to explain why these will not change on exit. Examines the European Union Withdrawal Act 2018 as regards the continued existence of EU-derived law which will become retained EU law, and notes what this encompasses. Explores the implications for employment law and workers’ rights as a result of the end of jurisdiction of the Court of Justice of the European Union; argues that UK courts will no longer be able to refer questions on EU law to the court, but existing decisions will still apply, except if overruled by the Supreme Court. Concludes by noting that parliament could in future scrap retained EU law after leaving the EU if it chose to do so.


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Bradbury, Matt
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