Brexit—implications for employment law
Brexit—implications for employment law

The following Restructuring & Insolvency guidance note provides comprehensive and up to date legal information covering:

  • Brexit—implications for employment law
  • The EU withdrawal process: overview of the legislative preparations
  • EU-derived employment law
  • Brexit and employment law: overview of the legal issues
  • The European Union (Withdrawal) Act 2018
  • Retained EU law
  • Secondary legislation under European Union (Withdrawal) Act 2018
  • October 2019 Withdrawal Agreement
  • November 2018 draft Withdrawal Agreement-provisions regarding workers' rights
  • Government guidance on no deal Brexit
  • more

As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the transitional arrangements provided in Part 4 of the October 2019 Withdrawal Agreement, the UK has entered an implementation period. During this period, the UK continues to be treated by the EU as a Member State for many purposes. While it will not participate in the political institutions and governance structures of the EU, the UK must 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, in accordance with the October 2019 Withdrawal Agreement.

The repeal of the European Communities Act 1972, effective on exit day, is 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) Act 2020 (EU(WA)A 2020) where required to reflect the transitional arrangements. This includes deferring the adoption of retained EU law and commencement of related Brexit legislation (including Brexit SIs) from exit day until the end of the implementation period (IP completion day), which is defined in EU(WA)A 2020,