BREXIT Extension: Trick or Treaty?

The UK and the EU have agreed a “flexible extension” of Brexit until 31 October. But will this Halloween exit date mean further nightmares for employers?

A consequence of the delay will be how this impacts in terms of causing delays to the government’s plans for employment legislation and inevitably leaves questions hanging over workers’ rights under, unclear, future deal arrangements.

The biggest problem is for those ongoing cases and issues currently being decided in the domestic courts, whereby guidance would normally be expected from the EJC, but following any departure from the EU the influence is expected to be greatly reduced. Whilst the UK remains a part of the EU it will continue to be bound by the decisions of the ECJ, and consequently the current delay may influence the outcome of decisions reached in domestic courts and lead to delays in proceedings, until the position is resolved.

In the meantime, employees need to still apply under the EU Settlement Scheme as explained in the last newsletter. The new online portal can be accessed at https://www.gov.uk/view-right-to-work.