Labour market

Potential impact

  • A substantial amount of UK employment law is derived from EU law. This includes establishing, at an international level, provisions that already exist in domestic law, for example race discrimination and certain maternity rights. In other cases, employment rights have been transposed into domestic law.

  • Judgments from the European Court also effect domestic law and are likely to remain so at the point of exit from the EU.

  • Whilst the Government has confirmed that workers’ existing legal rights will be preserved, during its existing term, employers are already facing questions as to whether they can and should hire EU nationals, who are needed in their businesses for specific skills.

  • There are likely to be changes to domestic legislation. Potential areas could include discrimination laws, TUPE and rights in relation to working time. 

What to do at this stage

  • It is important to ensure that your business has a plan to retain the skills that it will need in the future. This should include consideration of crucial skills from both existing EU workers and non-EU nationals.

  • It is also important for employers to be proactive. Key to the continuing success for businesses is to look at ways to incentivise and retain the employees who possess the appropriate skills to develop and enhance the business.

  • It is also sensible to review existing policies and procedures regarding immigration status and the right for an employee to be entitled to work in the UK. 

  • Employers should also look to take active steps to become involved in consultation groups which can represent their views to Government as to the implications for their industry.  

Further information

Further details about the possible implications of Brexit with regards to employment law are available in the following document: Brexit: Employment law issues