John McMullen discusses TUPE & Brexit
- Thoughts on the possible impact of Brexit on the Transfer of Undertakings (Protection of Employment) Regulations 2006, which are underpinned by the EU Acquired Rights Directive 2001/23.
Much lawyers' ink will be spilt over the next two years speculating on the effect on UK employment laws of the decision in the 2016 referendum that the UK should leave the EU. Necessarily, speculating on the precise effect of this decision on those aspects of UK employment law which are based on an EU Treaty provision or EU directive is, at this juncture, premature. For a start, negotiations to leave the EU under the authority of Art 50 of the Treaty on European Union have, at the time of writing, not even been triggered.
The UK government has indicated this will not be before January 2017. When Art 50 is triggered it will take up to two years of negotiations before a settlement is achieved. Until then, as the EU Commission (along with the UK government),
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