The historic outcome of the Brexit referendum has left many questions on the implications of this decision for employers and employees. Jessica Piper, a solicitor at Ashtons Legal, comments on pertinent issues from an employment law perspective:
Although much of UK Employment Law comes from the EU, it is ratified and binding in the UK through Acts of Parliament. As a result, there will be no wide-scale change in the event of Brexit itself, although we could see an unpicking of the legislation on a piecemeal basis going forward. Much of this will depend on the government of the day, and whether their focus is on businesses or workers themselves, but the legislation considered most at risk are aspects such as the Working Time Regulations, or the Transfer of Undertakings (Protection of Employment) Regulations.
Due to the anticipated downturn in the economy, it is likely that some employers will need to make decisions in relation to reorganisation and/or redundancy. It may be that some businesses will face the unfortunate prospect of insolvency. In such scenarios, consulting with the workforce is a crucial aspect to ensure that the business makes fair dismissals and is not further disadvantaged by facing Employment Tribunal claims. If employers are making more than 20 people redundant in any 90 day period, the more onerous collective consultation procedure must be followed.
Immigration will remain a large feature of the Brexit discussions and the question over whether free movement of people across Europe will have to remain in order for the UK to remain in the single market is certainly up for debate. Until a decision on that point is made, EU nationals continue to enjoy rights of free movement and to work in the UK without penalty. If barriers are placed on immigration from EU countries in the future, it is considered likely that new tiers will be required to assist with the levels of low-skilled workers required in this country.
While EU nationals remain part of your workforce, and with tensions in some part of the country high in relation to immigration, it is important to remember the protection afforded to individuals on the basis of nationality under the Equality Act 2010. Employers are under a duty to ensure that current and prospective employees and workers are not discriminated against or harassed due to their race, which includes nationality (although likely not immigration status) and religion. Employers should ensure that their equality and diversity, and harassment and bullying policies are up-to-date, that all staff know what behaviour is expected of them, and provide training as required. Employers should ensure that they take the action required against any employee or worker who is seen to be harassing or discriminating against another on the grounds of a protected characteristic, as they could be vicariously liable in the event of a claim.
For individual advice, please contact Jessica Piper from the Ashtons Employment Team.
Posted By: Jessica Piper.
If you have further questions then you can always "Ask Alex" by visiting her blog pages on the Cle France website or indeed contact our legal partners direct using the form on the Ashton KCJ - Legal services page here.
Ashton KCJ and Cle France.
We are proud to work in partnership with Ashton KCJ - Legal services. If we think our clients need further legal advice or have a specific legal question that needs solicitor involvement when buying or selling a property in France we can recommend...
Matthew Cameron and his team for expert advice.
If you are thinking of buying or selling a property in France, this should be an exciting time for you. But dealing with French legal matters can be extremely complex, adding unnecessary stress to your situation.
Ashton KCJ have a dedicated team of French property solicitors who will help you work through the legal issues and contracts. They will not only hold your hand through the whole legal process, but also work closely with Cle France and other relevant contacts on your behalf.
They have in-depth knowledge of French inheritance law and tax, as well as the subsequent implications on your UK estate. Ashton KCJ also understand and acknowledge family issues and the English implications of French property ownership.
Cle France clients can benefit from the reliable, efficient, expert advice that Ashton KCJ provide which is a service aimed at taking the stress out of your situation.
Ashton KCJ's French Legal Services Department is headed by Matthew Cameron who is a qualified solicitor with over 10 years’ experience in dealing with French legal issues. Matthew is supported by Jean-Paul Vovor, a Diplôme Supérieur du Notariat, and Sarah Walker on Wills, succession and inheritance tax issues. He is also assisted by Pauline Sakhrani.
To contact Ashton KCJ or if you have a specific question then simply complete the Enquiry form below:
We at Cle France specialise in Property for sale in France through our network of Agents and French Registered High Street Estate Agents. We have sold thousands of houses for sale in France over the years and have helped many find and buy their dream home in France.
We can also help you with everything to do with buying a house in France including getting a mortgage, organising currency exchange, renovation advice, property surveys, planning permission, French translation, opening a bank account and everything to do with French property sales.
Want to contact Ashton KCJ ? - then simply complete the Enquiry form below:
The information that you give and that we obtain through you using this website may be used by this Company and by our partner companies only for purposes in connection with your use of this website and for marketing activities of this Company and partner companies. By using this site you confirm your consent to this. If you do not want to receive any marketing information from this Company and/or our partner companies then please notify us.
Ashton KCJ is authorised and regulated by the Solicitors Regulation Authority (Recognised Body number 45826). The information contained in this guide is of a general nature and specific advice should be sought for specific situations. We believe the information to be correct as at the time of publication, February 2013. While all possible care is taken in the preparation of this leaflet, no responsibility for loss occasioned by any person acting or refraining from acting as a result of the material contained herein can be accepted by the firm or the authors.
For everything you need to know about French property for sale visit www.clefrance.co.uk