What post-Brexit means for employment law

27th January 2021

What post-Brexit means for employment law

Now that the UK’s post-Brexit transition period has come to an end, the Government is free to amend employment laws that it wouldn’t have been able to before. However, there are limitations. The agreement reached between the UK and the EU stipulates that neither party will ‘weaken or reduce’ employment law protection in such a way that will affect trade or investment between the UK and the EU.

It might be surprising to note that this obligation does not just apply to  EU governed employment law; it refers to all employment law. Whilst unfair dismissal law is not covered by EU law, the government would be in breach of the trade agreement if it were to repeal it entirely. Neither can the government repeal the Working Time Regulations 1998 or the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE).

There are, however, some changes that the government could make that would not impact on trade, but which could nevertheless be of significance to UK employment law. By way of example, the calculation of holiday pay has been a vexed issue for several years now and there is a significant disparity between what the Working Time Directive requires (as construed by the European Court) and the requirements under the Working Time Regulations 1998. The government is now free to provide much-needed clarity on issues as the extent (if at all) to which overtime pay should be included in holiday pay and the impact of long-term sickness absence. In the event that the Working Time Regulations were amended, the UK courts would no longer have to consider the requirements of the Working Time Directive when applying the new law.

The government may consider changes in other areas which might include: allowing changes to terms and conditions to be made more easily post- TUPE transfer; imposing a statutory cap on discrimination compensation; and making agency worker rules more straightforward. It remains to be seen whether, and to what extent, the government will make such changes. However, since commitments in relation to redundancy protection for new parents and additional leave for carers remain outstanding from the Conservative Party’s 2019 manifesto, a significant Employment Bill is anticipated for 2021.

If you require advice on this, or any other employment law issue, please contact Marie Allen on 01473 298133 /marie.allen@gotelee.co.uk or Elizabeth Clazie on 01473 298187 / elizabeth.clazie@gotelee.co.uk.

Blog Posts

Siân Mullane re-accredited as Personal Injury Senior Litigator by APIL

11/05/2021

The Association of Personal Injury Lawyers (APIL)  have re-accredited Siân, one of our senior…

Read More
Upcoming Events

Supply Chain Supper Club – February 2020

05/02/2020

This event is invite only. If you would like to receive an invite, please…

Read More
News Posts

Gotelee Solicitors LLP confirms qualification of trainee solicitor, Elizabeth Clazie

13/05/2021

Gotelee Solicitors LLP is pleased to announce that Elizabeth (Liz) Clazie has successfully completed…

Read More

Testimonials

"The ease that we could access and speak to Pat Smith - Thank you"

-

"I don't think this house sale would have pulled together without Jo's determination and expertise. Excellent!"

- MT

"“ This is the second time we have used Tracey for the conveyancing to buy our new home. She is always completely approachable, she has helped us along the way with advice and useful tips that has helped lessen the stress. We have complete confidence in her and would not hesitate to recommend her to our friends and family”.  - Peter Dawes, Cater Dawes Financial Planning "

-

"Prompt, helpful, polite and very professional service"

-

"I would like to say thank you for your help, support and guidance over the last two and a half years. Obviously should I need further assistance in the future I shall not hesitate to call you guys."

-

"Jade Shelton was absolutely fantastic!! Professional and proactive at all times."

- JH

"Jade made the process of buying our first home quick, easy and took the stress out of a new chapter of our lives"

-

"This is by far the go-to firm for any issues. You are made to feel valued from the outset and they are so confident in what they do. Wouldn't recommend any other. Thank you Hugh and Max."

- Ros Jones

"Approachable, very efficient, always willing to take my calls and update me."

- SH

"We found Rachel Dawson outstanding, polite, professional and caring."

-

    Please select preferred method of contact

    * We will only contact you by telephone if you select this as primary form of contact. All web enquiries will be stored on our website for 30 days.