What impact will Brexit have on UK employment laws?
With the votes counted and the decision to leave the European Union causing confusion throughout the UK, many employers have been asking what impact Brexit will have on UK employment laws.
Although major decisions on the direction the UK will take in regards to employment law remains to be seen, the majority of employment laws we adhere to now are derived from Europe. However, there are some laws where the UK introduced laws that go far beyond the European requirements.
National Minimum Wage
This is a UK statute and did not derive from Europe.
The UK introduced the Disability Discrimination Act 1995 to prohibit discrimination and gave additional protection to disabled people before Europe did.
Maternity and Family Friendly Rights
Although derived from Europe the protections and rights we give to parents far exceed the minimum requirements from Europe.
The Government’s strive to end gender inequality with the introduction of gender pay gap reporting for employers with 250 employees or more is not being driven by Europe and will continue.
Protection of Employment on the Transfer of a business (TUPE)
Although the rights employees have on the transfer of a business derive from Europe, the UK goes further than the European requirements and gives protection to employees where services are being transferred such as in an outsourcing or retendering process.
It remains to be seen if the legislation above will stay the same, although many believe this to be the case. However, one area where change might be on the horizon is in relation to Working Time and the decisions we have had from the European Court of Justice on accrual of holidays during sick leave and of course the calculation of holiday pay in relation to overtime, commission, bonuses and other payments.
As Brexit will mean that the UK is no longer bound by such decisions going forward, it will be interesting to see if UK courts and tribunals would take a different approach.