Welcome to the seventh edition of The Employment Edit – a summary of the most important recent cases and news affecting employers in the UK. We hope you find this newsletter helpful and informative....more
In the wake of the Retained EU Law (Revocation and Reform) Act 2023 (REUL Act) the UK Government has published draft regulations, with which employers will need to get to grips quickly as many of the new rules come into force...more
Our May update includes cases on the removal of an EAT panel member for bias in a case involving religious belief and the teaching of children about same sex marriage, the effect of a CPO which prevents individuals from...more
Government scales back the proposed revocation of EU law bill and announces changes to the Working Time Regulations, TUPE and non-compete clauses - In previous editions of the Edit we reported on the proposals in The...more
On 10 May 2023, the United Kingdom’s Department for Business and Trade published its policy paper, “Smarter Regulation to Grow the Economy.” The proposals contained therein are intended to “improve regulation across the board...more
The Retained EU Law (Revocation and Reform) Bill, or “Brexit Freedoms Bill,” is moving through the UK Parliament. Bill would end the special status of Retained EU Law in the UK (those laws kept in place at the time of Brexit)...more
Welcome to the fourth edition of The Employment Edit – a summary of the most important recent cases and news affecting employers in the UK. We hope you find this newsletter helpful and informative. In this edition we look at:...more
The UK is approaching 6 months since it officially left the EU on 31 December 2020, yet the post-Brexit landscape remains far from settled. Below we have outlined some key impending changes, as well as continuities, that...more
Split the difference - CJEU decision on fragmentation applies to service provision changes - When a contract is retendered, services that were originally provided by a single contractor may be divided between two or more...more
Derived from EU Directive 2001/23/EG, the German law on Transfer of Business (“TUPE”) protects employees in a business transfer situation. As a starting point, TUPE transfers the employment of affected employees from one...more
Plus ça change… - the employment law implications of the Great Repeal Bill - The government published its white paper "Legislating for the UK's withdrawal from the EU" last week. The employment law consequences of Brexit...more
The dust has now settled after the seismic shift of the UK’s vote to leave the European Union (also known as “Brexit”) on 23 June. The British Government has yet to formally trigger exit, and legal challenges are underway by...more
Following the UK Brexit referendum businesses will now find themselves assessing their future. Below is a checklist designed to raise some important questions that should be considered in order to assess potential risks and...more
On June 23, 2016, the people of the United Kingdom—(more precisely, the island of Great Britain, comprising England, Wales Scotland and Northern Ireland) voted, pursuant to a referendum called “Brexit,” to leave the European...more
Brexit has the potential to have a significant impact on UK employment law with many significant elements of UK employment law deriving from European Directives. For example, the Transfer of Undertakings (Protection of...more
In Depth - What laws will change now? - None. The United Kingdom will continue to be an EU Member State until procedures are completed for exiting the European Union. This is likely to be a long process that...more
So, the UK has voted to leave the EU. Everyone has their own opinion and we’ve all seen the news reports and various viewpoints but what does this result mean for you in practical terms and where do we go from here? Orrick’s...more
On June 23, 2016, in a hotly contested referendum, British voters chose to leave the European Union in a contest dubbed “Brexit” (for “British exit”). It will take some time before the full implications of this decision...more
Many in the UK are in a state of shock. The vote, narrowly, and with significant geographical and demographic variations, is to leave. What impact will this have in relation to UK employment law?...more
Britons are due to go to the polls to vote in a referendum on 23rd June 2016 to decide whether the UK should remain a member of the EU, or exit (a so called “Brexit”). As many readers will be aware, there is no certain answer...more
On June 23, 2016, the United Kingdom (UK) will hold an “in or out” referendum to decide whether it should remain a member of the European Union (EU). If the UK chooses to leave the 28-member European Union, one certain...more
Although much of the UK’s current employment law framework derives from the EU, it seems unlikely that the UK’s exit from the EU would result in significant legal changes, at least in the short term. There are several reasons...more
The fate of the United Kingdom’s membership of the European Union hangs in the balance. Britons are due to go to the polls to vote in a referendum on 23rd June 2016 to decide whether the UK should remain a member of the...more
The United Kingdom government will hold a referendum on June 23, 2016, determining whether the U.K. should remain in the European Union — of which it has been a member since 1973. Opinion polls suggest that the result of the...more
In Ferreira da Silva e Brito v Estado portuges (C-160/14), the European Court of Justice (ECJ) considered whether there had been a “transfer of a business” and therefore whether the Portuguese equivalent of TUPE applied....more