The Prime Minister previously announced that existing workers’ rights will continue to be guaranteed in law as long as she remains Prime Minister. She also said that a Great Repeal Bill will be brought in to end the authority of EU law by repealing the legislation which took Britain into the European Community in 1973. In addition, at the time the UK leaves the EU, existing EU law will be made into British law so that the same rules and laws will apply after Brexit as they did before. There will then be an opportunity for any aspect of that EU law to be scrutinised, and to be changed or removed, by Parliament. The status of CJEU decisions post-Brexit is unclear but the two areas of employment law that we consider are most likely to be affected by Brexit are:
1. TUPE there may be changes to rules on penalties for failure to inform and consult and it may become easier to harmonise terms post-transfer and
2. Agency Worker Regulations these regulations are complex and unpopular and are likely to be a target for reform.