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ARTICLE · 10 FEBRUARY 2020

Brexit: Employment Rights

Now that Brexit Day has passed the question of what will happen to employment rights which have their genesis in EU law is once again being asked.

European UnionGovernment, Public Sector

No changes expected in 2020 to existing EU-derived employment rights.

THE FACTS

Now that Brexit Day has passed the question of what will happen to employment rights which have their genesis in EU law is once again being asked. It is important to remember that the majority of European Union employment law has been brought into effect by UK legislation, meaning that it will remain in force unless repealed after Brexit.

The effect of the European Union (Withdrawal Agreement) Act 2020, and the Withdrawal Agreement that it implements, is that for most purposes the UK is treated as if it were still an EU member state until "IP completion day" (11pm on 31 December 2020). During the implementation period, the UK will still be bound by most EU law, including giving effect to employment rights set at an EU level, and indeed will have to implement any new EU laws that require implementation by member states during 2020.

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