Home > Blogs > Brexit – The Aftermath

Brexit – The Aftermath

Posted by Davenport Solicitors Team on July 26, 2016 in BREXIT

EU law has been incorporated into UK law in a number of ways. Some of these UK laws (such as TUPE) are secondary legislation whereas some are primary legislation (such as EqA 2010).

I consider that the government is likely to keep the majority of EU employment law but with minor modifications. This, however could lead to another issue – that of the effect of the European Court of Justice (ECJ) and UK jurisprudence. On leaving the EU, the ECJ would no longer have jurisdiction over the UK courts, and its future decisions would not be binding. Currently, however, UK courts must interpret EU law in accordance with ECJ decisions and a great deal of UK case law has been built up that does so.

It is unclear to what extent UK courts may treat the fact that they are no longer obliged to apply ECJ judgements as a materially different circumstance justifying a departure from precedent. It seems likely that they will follow previously-established precedents in order to preserve legal certainty. It is also possible that UK courts would continue to see ECJ decisions (even future ones) as persuasive, if not binding.

Moreover, the UK is likely to want an ongoing trade relationship with the EU, which is its biggest export market. The price of a free trade agreement with the EU may well be acceptance of EU social and employment regulation. This is the case, for example, for non-EU members of the European Economic Area (EEA), such as Norway. Such states are obliged to accept most of EU employment law without being part of the EU decision-making process.

Overall, even if the UK were to leave the EU, it seems unlikely that UK employment law would be changed in significant ways, particularly in the short term.


The material contained on this website contains general information only and does not constitute legal or other professional advice and should not be relied upon as such. While every care has been taken in the preparation of the information on this site, readers are advised to seek specific legal advice in relation to any decision or course of action.

Request free call back

Call us today for a free, no obligation chat.

You’re welcome to call us on +44 020 7903 6888 or email us . We aim to reply within 24 hours.

I have read the privacy policy and agree to you processing my personal informationPlease sign me up to receive Davenport Solicitors monthly newsletter

[honeypot honeypot-691]

Associations and

Show Buttons
Hide Buttons