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 at the negotiators' level and signed off by the other EU member states, but the draft withdrawal agreement has not been approved by the UK Parliament.
The exit date of 29 March 2019 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.
In the event of a "no-deal" Brexit, the Government's position is that the transition period for EU citizens in the UK would not apply, so only EU citizens who are resident in the UK by 29 March 2019 would be eligible to apply under the settlement scheme. The position for UK citizens in the EU if there is no deal is unclear.
Susie Munro, senior employment law editor
Updated EU Settlement Scheme details have been criticised as onerous and clumsy by both immigration law specialists and workers in the UK originally from the Continent.
With 44 days to go until the UK leaves the EU, the British Chambers of Commerce (BCC) has published a list of 20 "critical" questions that remain unanswered in the event of a no-deal Brexit.
High levels of employment and a strong interest from overseas investors driven by the fall in sterling's value is contributing to a continuing boom in the UK's recruitment sector.
The number of business-related laws passed in 2018 fell by 27%, according to research by Thomson Reuters. With civil service resources so focused on Brexit, how has the UK's departure from the EU affected employment law? Elanne Pimstone and Charlotte Brady explain.
A third of UK companies are looking to relocate abroad because of fears over Brexit.
Improved to reflect the most current guidance for employers, including the announcement on 28 January 2019 on transitional arrangements for EEA nationals arriving in the UK after Brexit if there is no deal.
EU citizens will be able to enter the UK to work after 29 March 2019 under a no-deal Brexit, but will require European Temporary Leave to Remain for stays longer than three months.
More than 110,000 jobs in the UK could be lost if Airbus were to leave the UK in the event of a no-deal Brexit.
HR and legal information and guidance relating to Brexit.