Statement on impact of Brexit vote on Emplaw Online content
Emplaw guides/cards reflect current law and are updated as the law changes.
Until Britain concludes the necessary process with the EU, the country remains bound by European law as if affects us now.
Formal negotiations can start once notice of intention to leave is given under Article 50 of the Lisbon Treaty. Such notice has not yet been given.
Other legal approaches to leaving have been suggested such as a revocation of the 1972 European Communities Act that gives EU law effect in the U.K but the Article 50 route currently appears the most likely.
Under Article 50, in the absence of an agreement on an exit package or an extension of time, Britain’s membership of the EU ends automatically two years after notice is given. An extension of time requires the unanimous agreement of the Council of Ministers.
There is no currently no certainty as to what changes will take place once relevant negotiations have concluded and whether all parts of the Britain will be subject to those.
Whilst some might speculate on possible developments, the reality is that changes to employment law will depend on the complexion of future governments and the cases that come before the courts.
Emplaw guides/cards will continue to be updated as the law changes
For a thorough review of the potential impact of the Brexit vote on employment law see Workers’ Rights From Europe: The Impact Of Brexit - a 66 page legal opinion on the implications for workers which the TUC commissioned from Michael Ford QC of Old Square Chambers.