Search

How can we help?

Icon

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…

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.

About this article

Disclaimer
This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website.

About this article

Read, listen and watch our latest insights

art
  • 12 February 2025
  • Employment

Balancing the Equality Act: Lessons from Higgs v Farmor’s School

The Court of Appeal have today issued a judgment in the Kristie Higgs v Farmor’s School case, in which it has ruled that the actions of the school in dismissing Ms Higgs for expressing LGBT+ critical posts on her personal Facebook account, was unlawful discrimination on the grounds of religion or belief.

art
  • 10 February 2025
  • Employment

New right to Neonatal leave and pay to commence in April 2025

The Government has recently announced a new right to neonatal leave and pay to be introduced from 6 April 2025.

art
  • 03 February 2025
  • Employment

Indirect discrimination: How mandated office returns could discriminate against working mothers

In this article though, we will focus on one of the biggest potential hurdles, and the one that is garnering the most media attention and the most criticism. Is a return to work policy discriminatory on grounds of sex?

art
  • 20 January 2025
  • Employment

AI Opportunities Action Plan – The impact of AI on employment

The Government has announced its ‘AI Opportunities Action Plan’ in which it plans to increase the use of AI across the UK to ensure the UK is a world leader in the field. 

art
  • 14 January 2025
  • Employment

Is this the end of working from home?

In this article, we explore what legal rights employees and businesses have in this context as well as considering more commercial factors.

art
  • 08 January 2025
  • Employment

Round-up of employment law changes in 2024 and what to look out for in 2025

In this article, we will take a whistlestop tour of the various key employment law and case law changes that have taken place this year and then we will highlight what to expect in 2025.