Many people don’t realise just how many of our employment rights come from Europe. Fortunately the stance on post-Brexit rights remains that the UK will continue all current rights.
These include those dealing with
• Discrimination law;
• Parental leave and pay;
• Holidays and working time;
• Collective redundancy consultation;
• Agency workers.
So far it is intended that any changes that may occur after 29 March will not take effect until the end of the transition period, which is 31 December 2020 in any event.
However, if there is a hard Brexit, this position may change. I would be surprised if any major changes took place to employment law immediately following our withdrawal from the EU, but there may be a time when employers start to lobby for change.
For example, it has been suggested that changes could be made to introduce a cap on the amount of compensation paid in discrimination claims. This may be welcomed due to the number of claims lodged which, due to their unquantifiable awards, can lead to spurious claims.
Other changes suggested, such as to the Agency Worker regulations, may not be so well received.