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

The following Employment 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
  • Draft Withdrawal Agreement—provisions regarding workers’ rights
  • Government guidance on no deal Brexit
  • Impact on TUPE
  • more

On 23 June 2016, the UK held a referendum on its membership of the EU, with a majority voting in favour of the UK leaving the European Union (EU), also known as 'Brexit'. On 29 March 2017, the UK Prime Minister gave formal notification of the UK's intention to withdraw from the EU, commencing the withdrawal process under Article 50 of the Treaty on the European Union (TEU).

This Practice Note outlines the expected implications for UK employment law of the UK’s withdrawal from the EU and provides an overview of the latest developments in the employment law sphere in relation to the Brexit process.

For details of the key events and updates in relation to the Brexit process generally, see Practice Note: Brexit timeline.

To track key developments and progress of legislation introduced as part of the UK’s domestic legislative preparation for Brexit, see: Brexit legislation tracker.

The EU withdrawal process: overview of the legislative preparations

In very brief summary, the key steps in the UK legislative preparations for the UK’s withdrawal from the EU (assuming that this takes place under terms of withdrawal agreed with the EU, which is currently by no means certain) are:

  1. the European Union (Withdrawal) Act 2018 (EU(W)A 2018), which repeals the European Communities Act 1972 (ECA 1972) on exit day (which was originally scheduled to be