By David Coward

I am hesitant about writing this article on the effect of Brexit on employment law as, in these turbulent times, the likely Brexit outcome seems to change on a daily basis: however, here goes!

The impact of Brexit on employment is, on the face of it, likely to be limited.  While a significant proportion of UK employment law is derived from the EU, it is unlikely there will be changes following Brexit. The greatest practical implication is the likely change to the right of freedom of movement of EEA nationals following Brexit.

The Government’s stated intention is to protect and enhance workers’ rights after the UK’s exit from the EU. The Government announced draft legislation that seeks to ensure EU-derived employment rights remain aligned with EU law after exit day.

It is possible the Government may take the opportunity to amend some areas of employment law to reduce the regulatory burden on employers, but we will have to wait and see.

In the event of a no-deal Brexit, the Government has published its view on the likely impact on workplace rights that suggest that, although the Government will make small amendments to employment legislation to reflect that the UK is no longer an EU country, the amendments will not change existing employment rights.

In addition, while the Government intends to protect existing rights in relation to European Works Councils, it also intends to change the law so that no new request to set up a European Works Council, or information and consultation procedure, can be made.

For more details, contact David Coward on 01722 410664 or email


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