Background

EU Member states give up part of their sovereignty under the Treaty on the Functioning of the European Union (TFEU).

TFEU empowers the EU institutions to adopt laws, regulations, directives and decisions which take precedence over national laws.

The Court of Justice of the European Union (ECJ)

·  ECJ judgements are not automatically binding

UK tribunals and courts must consider how the judgement applies to relevant UK law which they are contemplating.

Which Laws are EU-based?

· Discrimination Law – the Equality Act 2010

· Parental Leave & Pay

· Agency Workers Regulations 2010 (AWR)

· Working Time Regulations 1998 - Holidays and working time

· Collective Redundancy Consultation

· Data Protection 1998 – (DPA)

Brexit Implications most likely to affect the agency sector

Agency Worker Regulations 2010 (AWR)

· This is a potential law for complete revocation

· It is complex and has been generally unpopular

· Not yet become embedded in a way that might make it politically difficult to remove

TUPE

· Part of accepted and employment protection now

· Gold Plated – Service provision change

· This may be watered down and a relaxation of consultation provisions, allowing post-transfer harmonisation of   terms and conditions

In Summary

·  No immediate significant changes

·  The UK has 2 years from activation of notice provisions to negotiate the exit terms

·  Likely to be a ‘Piecemeal’ approach to change

·  It’s possible that the UK courts will continue to see ECJ decisions as persuasive, even if not binding.

For more information regarding Brexit and the agency sector, please feel free to contact me: 

Amanda Baker - Sales Director

amanda-baker@industria-jobs.co.uk