
Image: Shutterstock
The impact of our “out” vote depends on what is now decided between the EU and UK. EU leaders have made it clear that access to the European free trade area will require Britain to agree to similar regulations, particularly when it comes to employment. As such, unless the government choses to repeal all EU-derived laws, the changes we’ll soon be facing may not be as radical as you might think – it’s unlikely Britain would want to completely separate itself from Europe.A Norwegian type model will see us likely stick with the status quo
One option we may soon be facing, according to Karen Bexley, head of employment law at MLP Law, could be to form a Norwegian-style relationship with the EU “by joining the European Economic Area (EEA) and the European Free Trade Area (EFTA). This would allow the UK to keep its economic ties and continue trading in the European single market.” She added: “But by remaining part of this trading block, the UK would still be bound by some EU policies.” As with other areas such as data protection, Britain will need to demonstrate that it has minimum employment protections in place in order to make it a viable trading partner for other European member states, such as TUPE and collective redundancies consultation.Primary versus secondary legislation
Given that the majority of EU employment laws have been integrated into the UK as “primary legislation” via Acts of Parliament, they can only be changed or removed if the UK government specifically seeks to do so. “As laws, such as the Equality Act 2010 which comes from the EU’s Equal Treatment Directive, are so well ingrained into the UK legal system, it’s highly unlikely the government would look to amend them,” Bexley added. Other European laws, such as the Working Time Directive which gives employees rights to paid holiday and rest breaks, have been incorporated into UK law through “secondary legislation”. These regulations are introduced by government ministers who have specific powers to do so, granted by the European Communities Act 1972. If the government removes the European Communities Act, it would take away this framework within which European and UK laws integrate and may mean that regulations passed under it also fall away. Read more about the Brexit debate:- The EU debate: A critical role for business
- Our readers have their say on whether a Brexit would negatively impact their companies
- How Brexit will impact UK investment market
Will anything stay the same?
Share this story
Pages: 1 2