Since the Brexit referendum, one of the key questions which has arisen is what, if any, changes the British Government will seek to make to UK laws which are derived from EU law or influenced by EU judgments after Brexit. The House of Commons Library has published a partial answer in relation to employment rights. It has, this week, released a briefing paper setting out the options for EU-derived employment law following Brexit. The briefing also sets out the British Prime Minister’s commitment that “existing workers’ legal rights will continue to be guaranteed in law” and further that “we’re going to see workers’ rights not eroded, and not just protected, but enhanced under this Government“. No detail has yet been given as to what “enhancements” workers can look forward to in the UK.

It may be a different story, however, for non-UK nationals working in the UK following the controversial proposal by Amber Rudd, the British Home Secretary, to force companies to disclose how many “foreign” employees they employ in a bid to reduce net migration and boost employment of British nationals. Many senior business and political figures have denounced the proposal (which remains subject to consultation at this stage) as being damaging and divisive. It is not clear what behaviour the Home Secretary expects such a list to encourage – any dismissal or decision not to recruit or promote based solely on nationality would be unlawfully discriminatory.

A copy of the briefing paper can be found <here>.