November 2, 2017

Tribunal Fees Q&A No. 4: Will previous ECJ rulings be interpreted for claims made after Brexit?

Following the ruling removing tribunal fees for claimants, we’re taking an in-depth look at four key questions the ruling raises.

In this fourth-and-final blog from Employer Services Manager Andy Weir, we look at the potential consequences for employment law adjudication post-Brexit:

4. With Britain’s most senior Judge Lord Neuberger requesting more clarity from the Government about how UK law will be developed after Brexit, will previous ECJ rulings be interpreted for these claims?

The Great Repeal Bill is likely to be “one of the largest legislative projects ever undertaken in the UK”, the House of Commons library predicts, with “major swathes of the statute book” needing to be examined to see how they will work after Brexit.

The Bill will specifically repeal the 1972 European Communities Act, which took Britain into the EU and meant European law took precedence over laws passed in the UK Parliament. It will also end the jurisdiction of the European Court of Justice.

All existing EU legislation will be copied across into domestic UK law to ensure a smooth transition on the day after Brexit.

The Bill was included in the Queen’s Speech in June and having cleared the second reading stage, the bill will now face more attempts to change it with MPs, including several senior Conservative backbenchers, publishing a proposed 157 amendments covering 59 pages.

It will have to pass through both Houses of Parliament, and is intended to be passed ahead of the UK’s exit from the EU but only become law only when the UK actually leaves.

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About the author

Andrew Weir

Andrew has a wealth of experience in advising and representing clients of all shapes and sizes in a range of Employment Law topics from unfair dismissal through to all forms of discrimination and the complexities of TUPE. Andrew heads up our Advice Line and Advocacy teams who provide Employment Law advice to our clients 24 hours a day, 365 days a year and support our clients in presenting defences at Employment Tribunals throughout the UK & Ireland.