Personnel Today
  • OHW+
  • Join
  • Resources
    • Clinical governance
    • Disability
    • Ergonomics
    • Health surveillance
    • OH employment law
    • OH service delivery
    • Research
    • Return to work and rehabilitation
    • Sickness absence management
    • Wellbeing and health promotion
  • Conditions
    • Mental health
    • Musculoskeletal disorders
    • Blood pressure
    • Cancer
    • Cardiac
    • Dementia
    • Diabetes
    • Respiratory
    • Stroke
  • CPD
  • Webinars
  • OHW Awards
  • Jobs
  • Personnel Today

Personnel Today

Register
Log in
Personnel Today
  • OHW+
  • Join
  • Resources
    • Clinical governance
    • Disability
    • Ergonomics
    • Health surveillance
    • OH employment law
    • OH service delivery
    • Research
    • Return to work and rehabilitation
    • Sickness absence management
    • Wellbeing and health promotion
  • Conditions
    • Mental health
    • Musculoskeletal disorders
    • Blood pressure
    • Cancer
    • Cardiac
    • Dementia
    • Diabetes
    • Respiratory
    • Stroke
  • CPD
  • Webinars
  • OHW Awards
  • Jobs
  • Personnel Today

NHSBrexitLatest NewsHealth and safetyCarers

Brexit and UK employment law

by Darren Newman 20 Jan 2021
by Darren Newman 20 Jan 2021 The European Court of Justice, Luxembourg. UK courts cannot disregard ECJ decisions just because they disagree with them. Photo: Rantic00/Shutterstock
The European Court of Justice, Luxembourg. UK courts cannot disregard ECJ decisions just because they disagree with them. Photo: Rantic00/Shutterstock

Now that the UK and the EU have agreed on the position of the UK post-Brexit, HR is left wondering what this means for UK employment law in 2021 and beyond. XpertHR’s consultant editor Darren Newman considers the impact of Brexit not only on retained EU legislation, but also on EU case law.

For the past 40 years, EU law has influenced and, on occasion, radically changed UK employment law… But there are many rights scattered through our employment-law legislation that have their origins in an EU Directive… Other employment-law provisions have a more complicated relationship with EU law.

For the past 40 years, EU law has influenced and, on occasion, radically changed UK employment law. Sometimes, the link is easy to spot. Standalone regulations that implement EU directives, such as the Working Time Regulations 1998 (SI 1998/1833) or the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246), tend to come to mind when we talk about EU employment law.

But there are many rights scattered through our employment legislation that have their origins in an EU Directive. Examples include the health and safety rights in the Employment Rights Act 1996 that protect workers who leave their workplace “in circumstances of danger that they reasonably consider to be serious and imminent”. These were implemented as a result of Directive 89/391/EEC (the health and safety Framework Directive).

Other employment law provisions have a more complicated relationship with EU law. The right to a written statement of terms and conditions set out in s.1 of the Employment Rights Act 1996 was first introduced by the Contracts of Employment Act 1963 – but was amended to comply with the 1991 Proof of Employment Relationship Directive (91/533/EEC). Much of the Equality Act 2010 is underpinned by EU law, but in key respects it goes beyond what is required by the various Directives dealing with discrimination. The relationship between EU and domestic employment law is messy and complicated. Luckily, the terms of our exit from the EU do not require us to untangle the two.

Continue reading the full article on XpertHR

Avatar
Darren Newman

Darren Newman qualified as a barrister in 1990, and has represented both employers and employees at tribunal. He provides straightforward practical guidance on a wide range of employment law issues. Darren also works as a consultant editor for XpertHR.

previous post
There’s no going back: how AI is transforming recruitment
next post
Covid-19: Should employers grant time off for vaccinations?

Leave a Comment Cancel Reply

Save my name, email, and website in this browser for the next time I comment.

You may also like

Angela Rayner: Scandal highlights inaction to prevent harassment...

27 Apr 2022

Digital right-to-work checks: what should employers do to...

13 Apr 2022

EAT hears David Mackereth’s appeal against trans pronouns...

29 Mar 2022

Scale-up visas: How employers can hire international talent

16 Mar 2022

Pimlico Plumbers holiday pay ruling: four steps for...

9 Mar 2022

Is the law confusing around positive action and...

25 Feb 2022

Flexible working requests: what is an employer’s obligation?

4 Feb 2022

How does the NHS mandatory jab U-turn affect...

2 Feb 2022

Reducing sick pay for the unvaccinated: what are...

31 Jan 2022

Can you reduce contractual sick pay for unvaccinated...

20 Jan 2022
  • Apprenticeships are the solution to your recruitment problems PROMOTED | Apprenticeships have the pulling power...Read more
  • What it really means to be mentally fit PROMOTED | What is mental fitness...Read more
  • How music can help to ease anxiety at work PROMOTED | A lot has happened since March 2020, hasn’t it?...Read more
  • Why now is the time to plug the unhealthy gap PROMOTED | We’ve all heard the term ‘health is wealth’...Read more

Personnel Today Jobs
 

Search Jobs

PERSONNEL TODAY

About us
Contact us
Browse all HR topics
Email newsletters
Content feeds
Cookies policy
Privacy policy
Terms and conditions

JOBS

Personnel Today Jobs
Post a job
Why advertise with us?

EVENTS & PRODUCTS

The Personnel Today Awards
The RAD Awards
Employee Benefits
Forum for Expatriate Management
OHW+
Whatmedia

ADVERTISING & PR

Advertising opportunities
Features list 2022

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2022 DVV Media International Ltd

Personnel Today
  • OHW+
  • Join
  • Resources
    • Clinical governance
    • Disability
    • Ergonomics
    • Health surveillance
    • OH employment law
    • OH service delivery
    • Research
    • Return to work and rehabilitation
    • Sickness absence management
    • Wellbeing and health promotion
  • Conditions
    • Mental health
    • Musculoskeletal disorders
    • Blood pressure
    • Cancer
    • Cardiac
    • Dementia
    • Diabetes
    • Respiratory
    • Stroke
  • CPD
  • Webinars
  • OHW Awards
  • Jobs
  • Personnel Today