Editor's message: In response to the Brexit vote, 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. Negotiations between the Government and the EU, on the terms of the UK's withdrawal, began in June 2017. Agreement has been reached in some areas but negotiations are ongoing, with the aim of concluding an agreement before the exit date of 29 March 2019.
The exit date is set by the European Union (Withdrawal) Act 2018, which received Royal Assent on 26 June 2018. The Act 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. 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 European Union (Withdrawal) Act 2018 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. The UK Government and the EU negotiators have reached an agreement on citizens' rights, under which EU citizens who arrive in the UK by 31 December 2020, the end of the transition period, 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
More than two-thirds of HR managers believe that UK voters would opt to stay in the EU if there were another referendum, but only just over a fifth are prepared for a no-deal Brexit.
With Brexit negotiations still ongoing, we are joined by Louise Haycock and Emma Kendrick, UK immigration solicitors at Fragomen, who discuss the considerations for HR and how to deal with a "no deal" scenario.
The government has announced a pilot visa scheme for non-EU migrants working on fruit and vegetable farms after the UK is scheduled to leave the EU.
Join us on 11 September for an hour-long webinar, where Louise Haycock and Emma Kendrick, UK immigration solicitors at Fragomen, will discuss the steps employers need to take to prepare for the removal of free movement and to ensure that they have the workforce they need to meet the demands of their business post-Brexit.
A new study on how low-skilled roles will be filled in the UK after Brexit has warned that alternatives to hiring EU labour may risk labour exploitation, inefficiency and high costs.
The annual number of EU citizens moving to the UK has fallen to its lowest since 2012, suggesting that the UK labour market has "lost its pulling power".
There will be no change to workers' rights and protections in the event of a no deal Brexit, the government has confirmed.
EU migrants will be given the right to stay in the UK in the event of a no-deal Brexit, according to leaked Cabinet papers seen by The Telegraph.
Former Tory party leader Iain Duncan Smith has said a lot of employers have "not even bothered to try and find UK people to work", in response to calls from British business to scrap the UK's "blunt" immigration targets post-Brexit.
HR and legal information and guidance relating to Brexit.