By leaving the EU, the UK Government will have the power to change any employment related rights. There is great uncertainty circulating as to the status of current employment law rights. The Conservative Government's message pre-Brexit was that it proposed to water down employment rights to allow businesses greater flexibility and freedom. Caps on compensation available to employees and increases in qualifying periods of service to bring unfair dismissals claims have already been introduced. This has heightened concerns among employee groups that when the Government enacts the Great Repeal Act it may include the removal or amendment to employment rights. The uncertainty is seemingly having a knock on effect at business level where normally employers were compelled to keep abreast with EU HR policy standards but are now conscious that such obligations may not survive the UK exit from the EU. Post Brexit, the UK Government may very well retain EU employment rights which reinforces the need to ensure compliance. Nevertheless, EU law continues, for now, to apply and businesses must ensure that they are compliant with existing employment law legislation much of which stems from EU law. Changes to EU law can only be made once the UK exits EU which will happen at the end of the two year period of complex negotiations that follows the triggering of Article 50. Bearing in mind the on going legal disputes over who has authority to trigger Article 50, this may mean further extended delays to Brexit occurring.
Brexit debate: Government gives no guarantees on worker rights On 9 Nov 2016 in Brexit, Employment law Greg Clark is the business, energy and industrial strategy (BEIS) minister. Government gave limited assurances on the future of UK employment rights derived from EU law at a parliamentary debate on Brexit and workers’ rights on 7 November. Greg Clark, business, energy and industrial strategy (BEIS) minister, confirmed that the Government’s strategy is to transpose all EU worker rights into UK law through the Great Repeal Bill. “I will be very clear that all of the workers’ rights that are enjoyed under the EU will be part of that Bill and will be brought across into UK law. That is very clear. There is no intention of having a sunset clause,” said Mr Clark.