Brexit and Employment Law: What Would ‘No Deal’ Mean? – Lexology

At the end of 2018, the Employment Rights (Amendment) (EU Exit) Regulations 2018 was laid before Parliament. The regulations are intended to come into force on the day the U.K. exits the EU and will amend U.K. employment law to reflect that withdrawal. The regulations anticipate a “no deal” withdrawal from the EU and will be revoked or amended if the U.K. leaves the EU with a withdrawal agreement.

The regulations make largely technical changes to U.K. employment law, for example by removing references to EU legislation that will no longer be applicable following Brexit.

The most important changes relate to European Works Councils and the Transnational Information and Consultation of Employees Regulations 1999 (SI 1999/3323). In short, no new requests to set up a European Works Council or information and consultation procedure can be made after exit day. Existing European Works Councils governed by English law and with U.K. central management would require reciprocal arrangements with the EU to allow the European Works Council regime to continue to operate in its present form. The regulations make changes to the statutory framework assuming that no such reciprocal arrangements will be reached, but it will depend on the EU as to whether U.K.-based European Works Councils will be recognised in the rest of the EU following Brexit. 

This memorandum is provided by Skadden, Arps, Slate, Meagher & Flom LLP and its affiliates for educational and informational purposes only and is not intended and should not be construed as legal advice. This memorandum is considered advertising under applicable state laws.

Leave a Reply