Following the EU referendum, Ian Smith advises employment lawyers to keep calm & carry on
- CJEU pronouncements on potentially important aspects of working time/annual leave law.
- The effect of a successful appeal against dismissal.
- Whose mind/motivation is to be imputed to the employer in a case of dismissal?
The more perceptive reader may have noticed certain political developments in the last couple of months that could have an impact in the future on our employment law. The key point at the moment is the word “future” because no-one knows how this will all eventually pan out, let alone when. From a purely legal point of view, the position currently is simple—nothing changes purely as a result of the referendum. The UK remains a full member of the EU, Directives continue to apply and the Court of Justice of the European Union (CJEU) retains its jurisdiction. Even when things start to change, we must bear in mind that (i) much of existing statutory employment law is home-grown anyway, (ii) the remaining element which comes from EU Directives
