Issue Impact
Workers’ rights EU law which protects workers’ rights and is directly applicable in the UK will be incorporated into UK law (although it may be changed afterwards).
Rights of EU citizens EU citizens living in the UK at the relevant date of 29 March 2019 will be eligible to apply for settled status under the Government scheme.
Court of Justice of the European Union (CJEU) decisions Decisions of the Court of Justice of the European Union (CJEU) will remain relevant to interpretation of employment rights in the UK where these derive from EU law. UK courts will pay “due regard” to relevant decisions of the CJEU on an indefinite basis and, for eight years after Brexit, UK courts will still be able to refer cases to the CJEU to determine points of clarification. In practice this means that UK courts will take into account decisions of the CJEU, but it will not be compulsory to follow the same approach. This will be a move away from the current situation where decisions from the CJEU are binding on UK courts and therefore must be followed.
Holiday pay cases/working time We will have to wait and see how “due regard” is applied in UK employment tribunals, in areas like the holiday pay cases which have been significantly affected by decisions from the CJEU.
Business transfers The Transfer of Undertakings (Protection of Employment) Regulations 2006 have been criticised as “gold plating” the requirements of the Acquired Rights Directive (by adding in the concept of a “service provision change”). It seems unlikely, however, that any changes will be made to the Regulations in the short term.