Brexit Update

Brexit Update

  • Date: Monday 24th July 2017
  • PDF: Download

The Repeal Bill, otherwise known as the European Union (Withdrawal) Bill, was published in July, aimed at bringing reams of EU law into the UK statute book.

And, unsurprisingly, it has been confirmed that not much will change!

  •  Working Time Directive and Agency Workers’ Directive will continue to apply in full.
  • Where these rights have been extended by the European Court of Justice, these judgements will continue to apply and future court rulings will consider these alongside Supreme Court rulings. In simple terms, where EU caselaw has set precedence, Brexit will make no change to how these directives are applied. A good example of this is the ruling from 2015 regarding overtime pay needing to be considered when paying holiday – even though the rules around this are not statute law, the European caselaw will continue to influence UK decision-making.
  • EU derived legislation such as TUPE 2006 and the General Data Protection Regulation will continue to apply.

‘Henry VIII Powers’

Under these provisions, UK parliament is able to pass legislative changes with minimum scrutiny, if they find deficiencies in EU law. TUC have called for further protection of employers’ rights post Brexit, to avoid Downing Street exploiting this loophole at the expense of the UK workforce.

The Bill will be debated in Parliament in the Autumn. 


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