fbpx

Will Brexit effect UK Employment?

Dec 14, 2020

On 31 January 2020 the UK left the European Union (EU). Since then, we have been in a ‘transition period’ which will end on 31 December 2020. This will mean as of the 1 January 2021, EU law will be converted to domestic law however, the UK Supreme Court will still be bound by the decisions of the European Court of Justice (ECJ) made before this date as if it were its own case law.

Chapter 2 of the Withdrawal Agreement (Agreement) sets out the rights of workers and self-employed persons. The Agreement ensures these persons will continue to be able to benefit from their current workers’ rights based on EU law (subject to the EU law limitations) and therefore workers will see no change unless or until changed by any subsequent domestic legislation. In effect, this means that everything is staying the same.

Articles 24 and 25 confirm workers or self-employed persons shall continue to benefit from:

• the right not to be discriminated against on grounds of nationality as regards employment, remuneration and other conditions of work and employment;

• the right to take up and pursue an activity in accordance with the rules applicable to the nationals of the host State or the State of work;

• the right to assistance afforded by the employment offices of the host State or the State of work as offered to own nationals;

• the right to equal treatment in respect of conditions of employment and work, in particular as regards remuneration, dismissal and in case of unemployment, reinstatement or re‐employment;

• the right to social and tax advantages;

• collective rights;

• the rights and benefits accorded to national workers in matters of housing; and

• the right for their children to be admitted to the general educational, apprenticeship and vocational training courses under the same conditions as the nationals of the host State or the State of work, if such children are residing in the territory where the worker works.

The Agreement will also protect the rights of frontier workers or frontier self-employed persons in the countries where they work as well as the recognition of professional qualifications.

Although, for now, nothing will change for employees and the self-employed, there are substantial changes for employers in the area of immigration and the rules are changing radically. Employers would be wise to conduct an audit of their workforce in order to identify which employees are EEA nationals in the UK or British nationals in EEA and may wish to offer assistance with employees’ applications for settled or pre-settled status. For employers with large scale future recruitment requirements, it would be sensible to also look at obtaining a sponsor licence. Our immigration team will be pleased to assist and they can be contacted at immigration@herrington-carmichael.com

For further information, or to discuss the issues raised by this update, please contact Herrington Carmichael’s Employment Department on 0118 977 4045 or employment@herrington-carmichael.com.

This reflects the law at the date of publication and is written as a general guide. It does not contain definitive legal advice, which should be sought as appropriate in relation to a particular matter.

By Grace Caudell

Trainee Solicitor, Employment Law 

Podcasts

Contact Us

    The information you submit will be handled in accordance with our privacy policy.

    FREE: Legal Insights and Event News 

    Keep you, your family and / or business up to date on how the law affects you, by subscribing to one of our legal insights.

    Subscribe for free Legal Insights
    & Event updates

    Receive the latest legal developments and professional advice to keep your family and business safe.
    Please choose which list you would like to subscribe to below.





    Please see our privacy policy regarding use of your data.


    Latest Articles

    IR35 Compliance in Practice

    IR35 Compliance in Practice

    Since the introduction of Off-Payroll Rules, we’ve been reviewing what businesses have been doing in practice to ensure their compliance.

    read more

    Top Legal Insights

     

    Contract Law

    Material Breach of Contract

    What is a ‘material’ breach of contract by a party to a commercial contract? This is a critical issue regularly considered by the courts. What constitutes a material breach and what are the remedies?

    Property Law

    Commercial Lease: The Financial impact on Landlord and Tenant

    Coronavirus (COVID-19) and the restrictions now in place to control its spread, are having a significant effect on many business sectors.

    Divorce and Family Law

    Divorce in Lockdown: Can I get some discreet legal advice?

    We have spoken to clients who are unfortunately experiencing some family issues, and would like to obtain expert legal advice, yet don’t know how...

    Land & Property Dispute

    Restrictive Covenants – The Price of Modification

    Having identified that your land is burdened by a restrictive covenant and for the purposes of this article the covenant in question will be that only one residential building can be erected on the land. What do you do next?

    Wills, Trusts and Probate

    Why is having a will so important?

    It is entirely up to you if and when you want to create a Will, but it is important to be aware of the consequences of not having a Will.

    Award winning legal advice

    We are solicitors in Camberley, Wokingham and London. In 2019, Herrington Carmichael won ‘Property Law Firm of the Year’ at the Thames Valley Business Magazines Property Awards, ‘Best Medium Sized Business’ at the Surrey Heath Business Awards and we were named IR Global’s ‘Member of the Year’. We are ranked as a Leading Firm 2020 by Legal 500 and Alistair McArthur is ranked in Chambers 2020.

    undefined
    undefined

    London

    60 St Martins Lane, Covent Garden, London WC2N 4JS 

    +44 (0) 203 755 0557

     

    Camberley

    Building 2  Watchmoor Park, Riverside Way, Camberley, Surrey  GU15 3YL

    +44 (0)1276 686 222

     

    Wokingham (Appointment only)

    4 The Courtyard, Denmark Street, Wokingham, Berkshire RG40 2AZ

    +44 (0)118 977 4045

    info@herrington-carmichael.com

    © 2020 Herrington Carmichael LLP. Registered in England and Wales company number OC322293.

    Herrington Carmichael LLP is authorised and regulated by the Solicitors Regulation Authority.

    Privacy   |   Legal Notices, T&Cs, Complaints Resolution   |   Cookies   |   Client Feedback