Brexit could bring big changes to employment laws in the UK
Whichever side of the debate you sit on, a decision by the UK to leave the EU will undoubtedly have a major effect on many UK laws including employment law.
Indeed, a significant proportion of our employment laws are derived from EU legislation, and therefore in the event of Brexit, a future UK government would have almost free rein over those areas of working life currently protected by EU law.
Elements such as pay and dismissals already fall exclusively within the domain of domestic law, but the following areas are significantly influenced by EU law, meaning that a revamped UK Government may look to drastically change them in the event of Brexit.
Protection employment
Tupe is a set of UK regulations requiring the employment – and terms and conditions of employment – of employees to be transferred from one entity to another in the event of a business sale or a change of service provider.
From an employee’s perspective, it offers significant protection. From an employer’s perspective, it can often frustrate with its technicalities. Without EU law’s watchful eye, it’s very possible that a UK Government would seriously rethink Tupe. Agency workers Currently, and essentially by virtue of EU law, the law in the UK gives agency workers the right, on transfer of after 12 weeks of being engaged by a business, to the same “basic working and employment conditions” that they would have been entitled to had they been recruited directly by that business.
This has been fairly controversial in the UK, and it’s possible that a UK Government would reconsider this in the event that it had the freedom to do so.
Protection of part-time and fixed-term workers
Again, the UK’s laws protecting part-time and fixed-term workers are derived from EU law, and with a UK government unburdened by the restrictions of EU law, some have suggested that it may reconsider the protection that the law gives part-time and fixed-term workers. Health and safety This is an area where EU law has a significant reach, with EU law dictating much of the UK’s laws on workplace health and safety.
Some would argue that the EU’s input here provides invaluable protection for employers and employees. Others would argue that the EU’s input proves too burdensome and oppressive. Discrimination In one way or another, all of the laws that protect against discrimination in the UK have been affected by EU law, whether it be discrimination on the grounds of disability, sex, race, pregnancy or religion, etc.
It’s unlikely that a UK government with free rein would ever drastically weaken the protection of our current discrimination laws.
However, technically a government could make changes to certain aspects, and some commentators have suggested that areas such as age discrimination (an area where there is generally less political consensus) could be tinkered with. Holiday pay This is an area where EU law has had a huge impact. Recent developments include the fact that an employee’s level of pay during holidays should now take into account their full earnings (including bonuses, commission etc) rather than just reflect the employee’s basic salary.
This has been controversial. It’s very possible that, upon Brexit, a UK government would look to wipe the slate clean on this particular issue.
Owen John is an associate and employment lawyer at Cardiffbased law firm Darwin Gray