Baker McKenzie’s Employment & Immigration teams have looked at the people implications of Brexit, comparing the situation under the Withdrawal Agreement with what is likely to happen in a no-deal scenario. In summary:
- Little change is expected to UK employment rights on 29 March 2019 whether or not the draft Withdrawal Agreement is ratified.
- A ‘No-deal’ scenario is likely to have an immediate impact on employee mobility, data protection and European Works Councils but not on employment rights more generally.
- In a ‘No-deal’ scenario, EU citizens in the UK should still be able to apply to remain in the UK using the Settled Worker Scheme but it is unclear whether UK nationals working in the EU will benefit from similar protection.
- If the Withdrawal Agreement is ratified there will be a transition period during which all EU employment law will continue to apply.
- Despite long term scope for future watering-down or dismantling of EU-derived worker rights, this is not the current UK government’s stated intention and any future trading agreement may involve some form of continuing commitment to shared employment standards.
Our full analysis is available here.