Applicable law—which system of law applies to the contract or employment relationship
Produced in partnership with Edward Kemp of Littleton Chambers
Applicable law—which system of law applies to the contract or employment relationship

The following Employment practice note produced in partnership with Edward Kemp of Littleton Chambers provides comprehensive and up to date legal information covering:

  • Applicable law—which system of law applies to the contract or employment relationship
  • Brexit impact
  • Overview of effect of IP completion day
  • Status of this Practice Note
  • Initial considerations
  • Overview of Rome Convention and Rome I
  • Rome I—generally
  • Evidence and procedure
  • Universal application
  • Consistency with Brussels I (now BrusseIs I (recast)) and Rome II
  • More...

This Practice Note examines how to determine which system of law is applicable to a contract of employment or employment relationship, for use when determining applicable law when the contract was entered into, or the events giving rise to the damage occurred, on or before 31 December 2020.

Brexit impact

From exit day (31 January 2020) the UK ceased to be an EU Member State but, in accordance with the transitional arrangements provided in the Withdrawal Agreement, the UK was in an implementation period (IP) until 11pm on 31 December 2020, known as ‘IP completion day’. During this period, the UK continued to be treated by the EU as a Member State for many purposes. While it will could not participate in the political institutions and governance structures of the EU, the UK had to continue to adhere to its obligations under EU law (including EU treaties, legislation, principles and international agreements) and submit to the continuing jurisdiction of the Court of Justice of the European Union (CJEU or ECJ).

The repeal of the European Communities Act 1972, effective on exit day, was subject to specific savings provisions to allow for the operation of the implementation period in UK domestic law. Key provisions of the European Union (Withdrawal) Act 2018 (EU(W)A 2018), and associated Brexit-related legislation (including Brexit SIs), are amended by the European Union (Withdrawal Agreement)

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