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What Will UK Labour Laws Look Like Post-Brexit

Theresa May’s decision to postpone Brexit until 2020 gives EU nationals working in the UK more time to organise your future.

The gov. uk website states that right for EU citizens and their families living in the UK will not change until at least 1 January 2021.

But what will labour laws look like in the UK once Britain does leave Europe?

Labour was arguably at the front and centre of the Brexit decision. UK workers argued that people from Eastern European countries were taking their jobs because workers were prepared to accept less pay.

The other side of the argument is that British-based companies were exploiting loopholes in UK employment laws and paying lower wages.

Lawmakers in the European Parliament recently sought to put an end to the exploration of workers by passing a law that legislates for equality between foreign workers and local workers.

However, minimum wage is not subject to EU laws in the UK.

Although some EU laws on employment were adopted into UK legislation, many of the key issues were not. The following are not subject to EU laws and are likely to remain unchanged post-Brexit:

  • Unfair dismissal
  • Minimum wage
  • Unauthorised deductions from wages
  • Statutory redundancy pay
  • Industrial action
  • Paternity leave
  • Shared parental leave
  • Flexible working

Employment issues that currently rest under EU legislation and could be subject to amendments are:

  • Pregnancy and maternity leave
  • Parental leave
  • Working time
  • Holidays and holiday pay
  • Collective redundancy consultation
  • TUPE
  • Agency workers
  • Fixed-term employees
  • Part-time workers
  • Data protection

What is the UK Government saying about Employment Rights?

A White Paper prepared by Secretary of State for Exiting the EU, David Davis, indicates “wherever practical and sensible, the same laws and rules will apply” immediately after Britain departs the EU.

The Exit Bill will allow corrections to be made to UK laws through secondary legislation. As far as we know, the government has promised to retain workers rights that are protected by UK legislation listed above.

Cases where legal uncertainty arise, before and after Brexit, will be settled in a UK court. Thus far the government has indicated workers rights that are governed by EU laws will be preserved post-Brexit.

If you are a non-EU national and have a dispute with regards your employment in the UK, ICLG can help. Our experienced solicitors are here to help so contact us today.

This article does not necessarily reflect the opinions of the editors or management of EconoTimes.

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