Following last week’s referendum to leave the EU, many employers and employees will be wondering about the impact of Brexit. While it cannot be definitively said what changes are in store for UK Employment Law, it is anticipated that the following changes could be made over the next few years:-
It is anticipated that the Agency Workers Regulations may be repealed given its unpopularity in the UK. These Regulations provide agency workers with a right to equal treatment in basic working and employment conditions.
As many Irish employers are aware, since the 1 August 2015 employees have the right to accrue annual leave while they are on sick leave which derives from the EU Organisation of Working Time Directive and European Court of Justice case law. It is anticipated that legislation will be implemented in the UK to abolish this entitlement and it is also expected that legislation will be implemented to abolish the rule that employees can work no more than 48 hours a week, which has always been an unpopular legislative provision in the UK.
It is expected that TUPE Regulations will remain in force in the UK, albeit that they differ from Irish TUPE Regulations as in Ireland it is not possible to contract out of your rights under TUPE and any attempt to do so will be deemed to be void.
It remains to be seen what impact Brexit will have on UK Employment Law but it is anticipated that over the coming years UK will become a distant cousin of EU and Irish Employment Law.