Want to talk to an expert employment law solicitor?

You'll receive a callback from a specialist within an hour

Brexit – a quick guide

Redmans is an award-winning firm of specialist employment law solicitors, acting for UK employees and senior executives. We are one of the only law firms in the UK that specialises solely in employment law and we have a very high success rate (usually without the requirement to issue an Employment Tribunal claim).

Please feel free to contact us using our contact form or calling us on 020 3397 3603

What are the implications of Brexit for UK Employment law? Our specialist employment lawyers have prepared a brief guide on some questions you may have in these circumstances

Introduction – Brexit & employment law

The UK left the European Union (EU) on 31 January 2020. An agreement between the UK and the EU about their future relationship was reached after a period of 11 months. As of 2021, the UK is no longer bound to follow EU law in relation to employment laws.

Now that the UK has entered into a new agreement under the EU-UK Trading and Cooperation Agreement, new rules apply on tariffs, exports, data and employing people from within the EU.

What impact will Brexit have on EU nationals?

You may continue to live and work in the UK if you were living in the UK before 1 January 2021. The UK and EU have agreed that EU workers who are living in the UK should be entitled to apply to the EU Settlement Scheme for settled or pre- settled status. The deadline for this is 30 June 2021.

If you are an EU national and have been living in the UK for a continuous period of 5 years before the deadline, you should be granted settled status. This will give you the right to work and live in the UK indefinitely. If you hold a permanent residence, then you need to apply for this to be transferred into a settled status.

If you are an EU national who has been living in the UK for less than 5 years before the deadline, then you can apply for a pre-settled status. You can then transfer this into a settled status when the continuous 5 years residence has been reached.

Is my job in the UK protected?

Your employment status is likely to be protected if you are from a country within the European Economic Area (EEA) and you worked in the UK before 31 December 2020.

You must apply for ‘settled status’ before 30 June 2021

Proving your rights to an employer

You can share details of your right to work in the UK which includes the type of work you’re allowed to do and how long you can work in the UK for.

In order to prove your rights to an employer you will need:

  • your biometric residence card (permit/card number);
  • your passport; or
  • national identity card.

If you are an EU or EEA citizen, you can continue to use your passport or national identity card to prove you are eligible to work in the UK until 30 June 2021.

Key employment law rights post-Brexit

Most of the following will have no direct impact by Brexit as they do not derive from the EU:

  • National Minimum wage – no impact from Brexit;
  • Unfair dismissal – no impact from Brexit (read more about our guide to unfair dismissal here);
  • Unlawful deduction from wages – no impact from Brexit;
  • Statutory redundancy – no impact from Brexit;
  • Pregnancy and maternity leave – no direct impact from Brexit as UK rights provide 52 weeks’ maternity leave as opposed to EU where the minimum is of 14 weeks (read more about your pregnancy and maternity rights here);
  • Shared parental leave – no impact from Brexit;
  • Paternity leave – no impact from Brexit;
  • Flexible worker right – no impact from Brexit

The following may be affected post Brexit as they are EU based rights:

  • Agency worker – possible changes to simplify some of the rules on agency workers- currently there is a regulation giving agency workers the entitlement to the same basic employment and working conditions as if they had been recruited directly, and/if on completion of a qualifying period of 12 weeks in the same job;
  • Holiday pay – possible changes to calculating holiday pay; although as for holiday, UK provides 5.6 weeks’ holiday which exceeds the EU minimum 4 weeks;
  • TUPE – possible changes such as the ability to harmonise terms and conditions of employment following a TUPE transfer;
  • Redundancy consultation – possible changes to increase the number of employees affected, for example from 20 plus to 100 plus;
  • Discrimination – possible changes to the cap on discrimination compensation. Currently UK has protection against sex, race and disability and further EU extended protections including, age, religion and sexual orientation (read about our guide to discrimination in the workplace)

What next for UK Employment Law?

The Trade and Cooperation Agreement between the UK and EU seeks to prevent either the UK or EU gaining a competitive advantage in a variety of circumstances including rights at work, fair working conditions, workplace health & safety, consultation rights and restructuring undertakings.

We do not expect to see any major or drastic changes to UK employment laws or rights. Only a handful of unpopular laws may be scrapped such as the Agency Workers Regulations, whilst others may be modified.

In light of the above, the UK Government are likely to make some changes to employment legislation, however it is too early to predict exactly what these changes are.

Some changes are possible in the following areas:

  • Holiday pay – UK law may consider whether holiday pay should be calculated on basic salary or whether it should take other payments (e.g. commission) into account
  • TUPE – UK may now have scope to amend TUPE in order to make it more employer-friendly
  • Discrimination – the UK government may consider introducing a cap on discrimination compensation.

What happens to GDPR after Brexit?

Given that the UK has left the European Union (EU), the UK is now a ‘third country’ under the EU’s GDPR. Nevertheless, in December 2020, an interim period of six months of unrestricted data flow between the two was secured (until June 2021). This interim data transfer agreement means that personal data is allowed to be transferred between the UK and EU unrestricted as it was before.

The general data protection rule in UK data law has now been modified into the new UK-GDPR and an updated Data Protection Act.

Other useful websites

Call Redmans today to discuss your employment law matter

Call Redmans on 020 3397 3603 or email us at enquiries@redmans.co.uk to discuss your employment law matter.

Alternatively, you can call Chris Hadrill, the partner responsible for the employment department, on 020 3397 3601 or email him at chadrill@redmans.co.uk.

Call us

Our awards

Request a callback

    Your first name (required)

    Your last name (required)

    Your email (required)

    Your telephone number (required)

    Brief details of your enquiry


    4.80 Average

    330 Reviews

    Arabella B

    I am so grateful to Caroline Lewis at Redmans Solicitor’s for helping me with my Unfair Dismissal Case. I was seriously impressed how easy Redmans made the whole case, and am very happy with my Settlement. I have recommended your firm to at least 5 people in the last 3 months.. Thank you Caroline and everyone at Redmans. You are Brilliant .

    Posted 1 day ago


    Highly professional and efficient service.

    Posted 1 day ago

    Tanya T

    I had the pleasure of Chris and Sacha’s experience with a work matter. They made me feel at ease with the process and explained everything thoroughly. Would happily recommend Redmans especially Chris and use them if needed I’m the future. Thank you!

    Posted 1 day ago


    I used the services of Redmans solicitors and was a quick outstanding service I engaged them in a settlement agreement after been made redundant extremely professional at all that was done and would definetly use them again

    Posted 1 day ago

    Adrian A

    Spot on support, enough to get the matter at hand sorted. No beating around the bush, no nonsense - got the job done and we all moved on.

    Posted 1 day ago

    Mark Q

    Five Stars I was most impressed by the attention, courtesy, speed and above all, professionalism in dealing with my Settlement Agreement. I would certainly have no problem in recommending this firm to anyone in need of their services.

    Posted 1 week ago

    Ade A

    I was surprisingly impressed by how Redmans Solicitors handle my case. From the moment I call them to the absolute end of my case, they always look after my best interest.

    Posted 1 week ago

    Malcolm P

    they were there when others were not

    Posted 2 weeks ago


    Excellent service all the way through from start to finish. Really great support and guidance from the team, they secured the offer that I wanted. I can't recommend Redmans highly enough and will be sure to use their services again should the need arise.

    Posted 2 weeks ago


    Efficient and quick service!

    Posted 1 month ago

    Karen B

    Quick response very helpful Issue raised dealt with very quickly

    Posted 1 month ago

    Carmen T

    Redmans give Great service and advice on reading contracts. They can explain all the solicitors jargon into words that you can understand. I received excellent service an I will use them again and again.

    Posted 1 month ago


    Very grateful for Mel’s efforts in handling my case from start to finish which I would have found very stressful without it. She was very professional, friendly and we had a positive outcome. Highly recommend.

    Posted 1 month ago

    Nalin W

    Mel Chin was my Legal Executive when I engaged the services of Redmans Solicitors to help with a redundancy matter. She was incredibly approachable and professional from start to finish. Specially I have to mention regarding prompt reply to all my email queries, It was super quick. I would thoroughly recommend Mel Chin. Many Thanks

    Posted 2 months ago


    I'd highly recommend Redmans Solicitors. Mel was very helpful and assisted me throughout my case.

    Posted 2 months ago


    Sacha was very thorough and very helpful, with great advice on when to act and when to wait on my case.

    Posted 2 months ago


    I have been very pleased with the support I got from Redmans Solicitors on my case with my employer. Caroline has always helped me to put things in perspective and showed me different scenarios ultimately to help me taking the right decision. She was very professional and always available when I needed, and at the same time also emphatic which I found also really important to establish a strong relationship. Will definitely recommend!

    Posted 2 months ago


    Prompt and efficient response to my enquiries. Excellent negotiating skills with my employer which considerably improved the terms of my settlement agreement.

    Posted 2 months ago


    Very quick and professional service , Rana was very helpful

    Posted 2 months ago

    James G

    Very professional, knowledgeable and kept me informed at every stage of my case. I would highly recommend Redmans.

    Posted 3 months ago

    Pravina P

    Chris was really good and help solve my issues with current company. I would recommend him to anyone.

    Posted 3 months ago