Brexit: what are the consequences for employers?

Following the UK’s departure from the EU on 31 January 2020, this article asks what this means for employers in the transition period and beyond. On 31 January 2020, the United Kingdom left the EU following ratification of the withdrawal agreement. Now begins a transitional period, lasting until 31 December 2020, during which European Union law continues to apply. This period can be extended once…

What a Conservative Government means for UK immigration law

What will the new Conservative government mean for immigration law and policy in the UK? Having fought his campaign on the promise to ‘get Brexit done’ it is now certain that Mr Johnson will take the UK out of the EU. With a 78-seat majority, Mr Johnson plans to bring his Withdrawal Agreement Bill back to the commons next Friday and pave the way for…

No-Deal Brexit - Update: Residence and labour market access for UK citizens in Germany

With the re-election of a conservative majority in the UK Parliament, UK citizens – and their employers – continue to face the question to which extent they will be allowed to reside and work in Germany after a „No-Deal Brexit”, i.e. after a withdrawal of the UK from the EU without an agreement regulating the legal modalities of the withdrawal, on the new Brexit date…

UK - Something to be-leave in? Brexit as a philosophical belief

There are strong feelings on either side of the Brexit debate, with people passionately arguing for both leave and remain. What issues arise if a supporter brings their views into the workplace? Are there potential discrimination risks? Could ‘Brexit’, or an equally strong belief in ‘remain’, count as a philosophical belief for the purposes of the Equality Act 2010 (‘EqA’)? The legal test for a…

UK – employment rights in a no-deal Brexit

What might a ‘no-deal’ Brexit mean for UK employment rights? What could employers do now to prepare? And what might the future hold in a no-deal scenario? With new Prime Minister Boris Johnson clear that he would be prepared to leave the EU without a deal if necessary and current legislation committing the UK to leaving the EU at 23:00 on 31 October, this article revisits the employment law implications of a no-deal Brexit.  What could employers do now to…

UK – European Court of Justice rules that employers must keep records of actual time worked

The European Court of Justice has ruled that employers must keep a record of all hours worked by their workers each day, in order to ensure compliance with the rules on maximum weekly working time and rest breaks. The EU Working Time Directive (‘WTD’) limits maximum weekly working time to 48 hours a week, and gives workers the right to daily and weekly rest breaks….

UK – The Good Work Plan - first steps down the path

Following the UK Government’s ‘Good Work Plan’, published last December, new legislation has recently been made to implement the first of the proposed changes. This article takes stock of the reforms enacted so far, flags some of the practical issues and sums up what’s still to come. Background  In December 2018, following Matthew Taylor’s extensive review of modern employment practices, the Government unveiled its Good Work Plan (discussed…

UK – EU Commission confirms its views on EWCs and a ‘no-deal’ Brexit

The European Commission (‘EC’) has recently revised its March 2018 guidance on the legal repercussions of the UK’s withdrawal from the EU for European Works Councils (‘EWCs’), including the implications of a ‘no-deal’ Brexit. The EC’s Notice to Stakeholders of 13 March 2019 does not have any formal legal status, but will be persuasive in any dispute. It confirms the analysis in our recent article on the impact of…

Belgium: Draft no-deal Brexit legislation

A draft Brexit Act has been submitted to Parliament to cover the worst short-term consequences of a no-deal Brexit. The Act would only enter into force if the UK leaves the EU without a deal and provided the UK reciprocates. It provides for a transitional period until 31 December 2020 during which: The residence rights of UK citizens residing in Belgium (electronic E(+) card) or…

UK: No deal #Brexit and data protection

This article discusses the impact of a no deal Brexit on data protection issues for businesses transferring data to or from the UK and how they should prepare for this possibility. With the Brexit D-day of 29 March looming, organisations have asked us to help prepare a Brexit Data Response Plan in case of a potential no deal Brexit. Building on the UK Information Commissioner’s…