15Jan
European Union (EU) case law played a pivotal role in shaping UK employment law. Let's delve into the details of this historical evolution and explore the post-Brexit scenario:
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Historical Context:
- UK employment law has historically been rooted in domestic acts of parliament and case law, with EU law impacting on employment regulation after the UK joined the European Economic Community (EEC) in 1973, later evolving into the European Union.
- The 1997 Maastricht Treaty further embedded EU principles into UK employment laws.
- The UK formally exited the EU on January 31, 2020.
- Notably, the Brexit agreement includes a 'non-regression' clause related to employment law and workers' rights.
- Since 2021, the UK is no longer bound by EU law in employment matters, but it has committed not to reduce existing social protection in a way that distorts competition. Current legal position:
- The Retained EU Law (Revocation and Reform) Act 2023 (RUEL) allows the UK to select and modify which EU laws to keep.
- In November 2023, the Employment Rights (Amendment, Revocation, and Transitional Provision) Regulations 2023 were enacted using RUEL.
- These regulations both preserve and adapt specific EU employment laws.
Future Impact:
- RUEL is expected to play a pivotal role beyond December 2023, influencing subsequent legislation.
- Although the UK is no longer bound by EU law, it remains committed to considering EU principles when shaping future employment regulations.
This post-Brexit employment law landscape points to UK employment law continuing to draw on international legal principles especially in relation to staff protections and rights.
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