Brexit and TUPE

We’re nearing October and it’s still unclear what the UK’s withdrawal agreement with the EU will look like or if one will exist at all!

It is also unclear what impact Brexit will have on employment law and there hasn’t really been any development in this area since The European Union (Withdrawal) Act 2018 was passed in June last year.  This Act provides that existing EU Law will be enshrined in UK law at the date of Brexit.  This means that any EU law already in place at the date of Brexit will continue to apply and the UK courts can have regard to EU case law when interpreting any relevant provisions.  However, after Brexit, the decisions of the Court of Justice of the European Union will no longer be binding on UK courts.  Future UK law will be given precedence and may well amend the original EU position.  This being said, large-scale changes to UK employment law are not expected at this stage.

One area of law which may see some change is TUPE.  In the absence of a change of government, it seems likely that we will see terms which are particularly onerous for employers being relaxed including possibly making it easier for incoming employers to change employees’ contractual terms to allow for harmonisation of terms across its existing and new workforces.

Watch this space…