In the aftermath of the Brexit referendum, the UK Government made a broad commitment not to reduce workers' rights – even though many supporters of Brexit often cited aspects of EU-derived employment law as prime examples of "unnecessary EU red tape". So far, we have not seen much change, but the Government is now consulting on post-Brexit employment law reforms relating to statutory holiday and business transfers. In this briefing we take a look at what those changes mean for employers, and whether any other improvements could be made to the UK's post-Brexit employment law framework.
1. How did we get here?
Many UK employment laws derive from EU law, including regulations covering holiday and working time, agency workers, equal treatment of part-time workers and fixed-term employees, and employer obligations on the transfer of a business or outsourcing (TUPE). The original intention was that under the Retained EU Law (Revocation and Reform) Bill) these laws would disappear at the end of 2023 in a bonfire of EU "red tape" unless the Government decided to preserve them (with or without amendment). Now this Bill will only apply to specified laws, and the employment laws currently in the list are very limited (relating to workers from the EU and tanker driver hours).
The Government has announced that it is proposing to make changes in...
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