Editor's message: In response to the Brexit vote, the Prime Minister Theresa May triggered art.50 of the Treaty on European Union on 29 March 2017 giving notice of the UK's intention to withdraw from the EU. The Government subsequently began negotiations with the EU in June 2017 and expects to conclude an agreement on the UK's withdrawal from the EU before 29 March 2019.
The Repeal Bill, published in July 2017, provides for the repeal of the European Communities Act 1972, which brought the UK into the EU and gives EU law supremacy over UK law. Under the Bill, EU law will be converted into UK law when the UK leaves the EU. This means that current workers' rights under EU law, such as working time rights, will remain in effect after Brexit, but will become subject to Parliament's control over domestic law.
The Bill also confirms that, from exit day, UK courts will no longer be bound by new decisions of the European Court of Justice, although decisions made before exit day will continue to be binding on UK courts. The final court of appeal will be the UK Supreme Court. The jurisdiction of the European Court of Human Rights is, however, unaffected by Brexit.
One of the issues of particular interest to many organisations is the impact of Brexit on their European workforce in the UK. In the June 2017 Queen's Speech, the Government announced that it intends to introduce an Immigration Bill to repeal EU law on immigration, primarily in relation to free movement. On 8 December 2017, the UK Government announced that it had reached an agreement with the European Commission on citizens rights, under which EU citizens who arrive in the UK by 29 March 2019 will be entitled to apply for "settled status" when they have five years' continuous residence in the UK. This will give them the right to stay indefinitely.
Susie Munro, senior employment law editor
EU citizens living in the UK and vice versa will have their rights to live, work and study protected it has been confirmed, after the Government and the European Commission reached agreement in the first phase of Brexit talks.
With this Friday's deadline to contribute towards the call for evidence from the Migration Advisory Committee, Jackie Penlington looks at the potential impact of Brexit and the Government's current thinking on the employment of European nationals.
A detailed 82-page Home Office document proposes to offer low-skilled EU migrants a maximum of two years' residency in a post-Brexit UK, while those with higher skills could receive work permits lasting three to five years.
The Government has issued a policy paper proposing to develop a post-Brexit partnership with the EU on data protection matters.
The Government has commissioned an in-depth report into how immigration will be managed after Brexit.
EU-derived legislation such as the Working Time Directive, TUPE and the General Data Protection Regulation (GDPR) will continue to apply once the UK formally leaves the union, it has been confirmed.
HR and legal information and guidance relating to Brexit.