Brexit and HR

On 23 June the UK voted in the EU Referendum to leave the European Union. While it’s not clear yet how, when or what amendments will be made to workplace law, it is possible to predict those areas that are the most likely to change.
Withdrawal process – The process for leaving will be triggered by a ‘withdrawal notice’ (Article 50). The UK has a maximum of two years in which to negotiate the terms of its withdrawal, which then has to be ratified by the UK Parliament.  The UK’s exit does not mean that all EU-derived law will disappear overnight. Which laws are then altered will depend on those withdrawal terms, and the political will of the government in power, but most would need to be individually repealed or reformed. The following areas could see change :-

Immigration: free movement – The EU has said the UK must allow EU workers in if it wants to trade with member states following its withdrawal. However, a points-based system has been suggested to govern EU migrants coming to the UK in the future. Whatever changes occur are unlikely to affect EU employees already working here.

Holidays/working time: opt outs – The UK’s statutory paid holidays (5.6 weeks) go beyond the EU minimum (20 days) and are unlikely to be repealed, but the government may wish to amend the rules on calculating holiday pay and on opting out of the 48-week.
Equality: compensation cap – We may see a cap put on discrimination compensation but many equality laws (for example, those on sex, race and disability, and on equal pay) predate the UK joining the EU and are unlikely to be repealed.
Atypical workers: employment rights – Protection for agency, part-time, and fixed-term workers derives from the EU, and the UK may wish to trim back the existing rules.
Transfer of undertakings (Tupe) – The UK’s transfer regulations exceed the requirements of the EU directive by including ‘service provision changes’. The block on harmonising terms and conditions following a Tupe transfer (which originates in EU case law) may come under scrutiny.
Data protection: new rules – The EU General Data Protection Regulations 2016 have to be implemented in the UK by May 2018. Even if withdrawal is complete by that time, the UK will still need to comply with cross-border data protection laws if it wishes to keep its EU trading partners.
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