How Has Brexit Affected Employment Rights in the UK?

The UK left the European Union on 31 January 2020, and the Brexit transition period ended on 31 December 2020.

Before Brexit, a significant part of UK employment law had been influenced by European Union legislation and decisions of the European courts. However, Brexit did not result in the immediate removal of those employment protections.

Many important rights were already contained in UK legislation and continued to apply after the UK left the EU. Other rights that originated from EU law were preserved within the domestic legal framework and, in some areas, have subsequently been amended by the UK Government.

As a result, workers continue to have extensive employment law protection, although the UK now has greater freedom to change certain rules independently of the European Union.

What Does Brexit Mean for EU Nationals Already Living and Working in the UK?

EU, EEA and Swiss citizens who were living in the UK by 31 December 2020 may have rights protected under the Withdrawal Agreement and the EU Settlement Scheme.

The EU Settlement Scheme provides two principal forms of immigration status:

• Settled status
• Pre-settled status

These statuses can provide an individual with the right to continue living and working in the UK.

The deadline for most applications to the EU Settlement Scheme was 30 June 2021, although applications can still be possible in certain circumstances, including where an individual has reasonable grounds for applying late.

Immigration status is separate from employment status, and specialist immigration advice may be required where there is uncertainty about an individual's right to live or work in the UK.

What is Settled Status?

Settled status will usually be available to eligible individuals who have completed the required period of continuous residence in the UK.

In many cases, this means completing five years of continuous residence.

Settled status generally gives an individual the right to:

• Live in the UK permanently
• Work in the UK
• Study in the UK
• Use the NHS where eligible
• Access qualifying benefits and pensions
• Travel into and out of the UK subject to the applicable rules

The precise residence requirements and permitted absences should be checked carefully because individual circumstances can affect eligibility.

What is Pre-Settled Status?

Pre-settled status was generally granted to eligible EU, EEA and Swiss citizens who had not yet accumulated sufficient continuous residence for settled status.

A person with pre-settled status can normally work and live in the UK while their status remains valid.

Once the required continuous residence conditions are met, they may be able to obtain settled status.

The Home Office now provides automatic extensions of pre-settled status before it expires and may, in eligible cases, automatically convert a person's status to settled status.

Individuals can also apply for settled status themselves once eligible.

What if You Missed the EU Settlement Scheme Deadline?

The deadline for most people was 30 June 2021, but this does not mean that a late application is impossible in every case.

A late application may still be accepted where the person:

• Remains eligible under the scheme
• Had a later applicable deadline
• Can demonstrate reasonable grounds for applying late

Anyone whose immigration status is uncertain should obtain appropriate advice promptly, particularly where their right to work is affected.

Do Irish Citizens Need Settled Status?

Generally, no.

Irish citizens have separate rights under the Common Travel Area, an arrangement between the UK and Ireland that existed before either country joined the European Union.

Irish citizens can generally:

• Live in the UK
• Work in the UK
• Study in the UK
• Access qualifying public services and benefits

They do not normally require a visa or EU Settlement Scheme status in order to live and work in the UK.

Different rules may apply to family members who are not themselves British or Irish citizens.

What About EU Nationals Who Came to the UK After Brexit?

Free movement between the UK and the EU ended on 31 December 2020.

EU, EEA and Swiss citizens who were not resident in the UK by that date and do not have rights protected under the Withdrawal Agreement will generally need appropriate immigration permission to work in the UK.

From 1 January 2021, EU and non-EU nationals became subject to the UK's immigration system on broadly the same basis.

Depending on the circumstances, an individual may need permission under a route such as:

• Skilled Worker
• Health and Care Worker
• Global Talent
• Graduate
• High Potential Individual
• Temporary Worker
• Another relevant immigration category

Different eligibility requirements apply to each route.

Does Brexit Affect Your Right to Claim Unfair Dismissal?

Brexit did not remove unfair dismissal protection.

The right to claim unfair dismissal is primarily based on UK domestic legislation, particularly the Employment Rights Act 1996.

Employees who satisfy the relevant eligibility requirements continue to be protected against unfair dismissal.

The law governing unfair dismissal can still be amended by Parliament independently of Brexit.

Does Brexit Affect the National Minimum Wage?

No direct Brexit-related change removed the National Minimum Wage or National Living Wage.

These are domestic UK employment rights.

Employers must continue to pay eligible workers at least the statutory minimum rate applicable to them.

What About Unlawful Deductions From Wages?

Protection against unlawful deductions from wages continues to apply.

Workers may potentially bring an Employment Tribunal claim where an employer unlawfully:

• Withholds wages
• Deducts money without lawful authority
• Fails to pay contractual commission
• Fails to pay an ascertainable contractual bonus
• Makes another unauthorised deduction from pay

These rights are principally contained within UK domestic employment legislation.

Has Brexit Changed Statutory Redundancy Pay?

Brexit did not remove statutory redundancy pay.

Eligible employees continue to have rights relating to redundancy, including statutory redundancy payments where the qualifying conditions are satisfied.

Employers must also continue to follow a fair redundancy process.

Has Brexit Changed Industrial Action Rights?

The principal legal framework governing strikes and industrial action is contained within domestic UK legislation.

Brexit did not itself remove those rights.

Trade unions and employees participating in industrial action remain subject to detailed UK statutory requirements.

What Has Happened to Family Leave Rights?

Brexit has not removed statutory family-related employment rights.

Employees may continue to have rights including:

• Maternity leave
• Paternity leave
• Adoption leave
• Shared parental leave
• Ordinary parental leave
• Parental bereavement leave
• Carer's leave
• Neonatal care leave
• Other qualifying statutory family-related rights

Some of these protections have historical links with EU law, while others were introduced domestically.

The UK has continued to develop family-related employment rights after Brexit.

Has Brexit Affected Flexible Working?

The statutory right to request flexible working remains part of UK employment law.

Brexit has not removed this protection.

Flexible working legislation has also continued to develop independently within the UK following Brexit.

What Has Happened to Pregnancy and Maternity Rights?

Pregnancy and maternity protections remain firmly established within UK employment law.

Employees continue to have statutory rights relating to:

• Maternity leave
• Statutory maternity pay where eligible
• Protection against pregnancy and maternity discrimination
• Health and safety during pregnancy
• Antenatal appointments
• Returning to work following maternity leave

Brexit did not remove these protections.

Does the 48-Hour Working Week Still Apply?

Yes.

The Working Time Regulations 1998 remain in force.

Workers are generally protected by a maximum average working week of 48 hours, usually calculated over the applicable reference period.

An adult worker can agree voluntarily to opt out of the 48-hour weekly limit.

A worker should not be subjected to a detriment simply because they refuse to sign an opt-out agreement.

Working time protections also continue to cover matters such as:

• Rest breaks
• Daily rest
• Weekly rest
• Night working
• Paid annual leave

Brexit has therefore not resulted in the removal of the Working Time Regulations.

What Has Happened to Holiday Entitlement and Holiday Pay?

Statutory holiday entitlement remains an important part of UK employment law.

Most workers continue to be entitled to 5.6 weeks of paid statutory annual leave each leave year.

Holiday pay must also be calculated in accordance with statutory requirements.

Following Brexit, the Government introduced reforms to the Working Time Regulations, including changes affecting irregular-hours and part-year workers.

Current rules include specific provisions concerning:

• Holiday accrual for irregular-hours workers
• Holiday accrual for part-year workers
• Rolled-up holiday pay in permitted circumstances
• Holiday pay calculations
• Carry-over of statutory leave
• Relevant overtime and commission when calculating holiday pay

The fact that some of these rights originally developed through European law does not mean they disappeared following Brexit.

Can Holiday Pay Include Commission and Overtime?

Yes, depending on the worker's pay arrangements.

Holiday pay may need to reflect payments that are intrinsically linked to the work being performed and certain payments regularly received by the worker.

This can include relevant:

• Commission
• Overtime
• Shift payments
• Other regularly received payments

The exact calculation depends on the worker's employment and pay arrangements.

What Has Happened to Collective Redundancy Consultation?

Collective redundancy consultation requirements remain in force.

As at September 2026, collective consultation is generally required where an employer proposes 20 or more redundancies at one establishment within a 90-day period.

Consultation must normally begin at least:

• 30 days before the first proposed dismissal where 20 to 99 redundancies are proposed
• 45 days before the first proposed dismissal where 100 or more redundancies are proposed

Employers must consult appropriate representatives and follow the relevant statutory procedure.

From 6 April 2026, the maximum protective award for failing to meet collective consultation obligations increased to 180 days' pay for each affected employee.

These protections therefore remain significant after Brexit.

Does TUPE Still Apply After Brexit?

Yes.

The Transfer of Undertakings (Protection of Employment) Regulations, commonly known as TUPE, remain part of UK employment law.

TUPE can protect employees when:

• A business or part of a business is transferred to another employer
• Certain service provision changes take place

Depending on the circumstances, TUPE can protect:

• Continuity of employment
• Existing contractual terms
• Certain rights and liabilities
• Employees against dismissals connected with a transfer
• Rights to information and consultation

Some procedural rules have been amended following Brexit.

For example, employers may now be able to consult affected employees directly where there are no existing employee representatives and certain small-business or small-transfer conditions apply.

TUPE itself, however, has not been abolished.

Do Agency Workers Still Have Equal Treatment Rights?

Yes.

The Agency Workers Regulations 2010 remain in force.

Agency workers continue to have certain rights from the first day of an assignment and additional equal-treatment rights after completing the relevant 12-week qualifying period.

Depending on the circumstances, these protections can include:

• Access to shared facilities
• Information about vacancies
• Equal treatment concerning pay
• Working time
• Rest periods
• Annual leave

Brexit has not removed these protections.

Are Fixed-Term Employees Still Protected?

Yes.

Fixed-term employees continue to have protection against being treated less favourably than comparable permanent employees simply because they are employed on a fixed-term contract, unless the difference can be objectively justified.

Relevant protections can include:

• Pay and employment conditions
• Workplace benefits
• Training opportunities
• Information about permanent vacancies
• Protection in redundancy and dismissal situations

There are also circumstances where repeated fixed-term contracts can result in an employee becoming permanent.

These protections remain part of UK law following Brexit.

Are Part-Time Workers Still Protected?

Yes.

Part-time workers continue to have legal protection against being treated less favourably than comparable full-time workers because they work part time, unless the treatment can be objectively justified.

Relevant areas can include:

• Pay rates
• Holiday entitlement
• Pension opportunities
• Training
• Career development
• Promotion
• Redundancy selection
• Certain workplace benefits

Where appropriate, benefits may be provided on a proportionate basis.

Has Brexit Changed Discrimination Law?

The Equality Act 2010 remains one of the central pieces of UK employment legislation.

It continues to protect individuals against unlawful discrimination relating to protected characteristics including:

• Age
• Disability
• Gender reassignment
• Marriage and civil partnership
• Pregnancy and maternity
• Race
• Religion or belief
• Sex
• Sexual orientation

Brexit did not remove these protections.

The UK is now able to legislate independently in this area, but the fundamental protections against discrimination remain firmly established.

Does Brexit Affect Employees When Their Employer Becomes Insolvent?

Employees continue to have statutory protections where their employer becomes insolvent.

Depending on eligibility and the circumstances, employees may be able to claim certain unpaid amounts from the Government, including qualifying:

• Wages
• Holiday pay
• Statutory notice pay
• Statutory redundancy pay

Brexit has not removed this statutory protection.

What Has Happened to UK Data Protection Law After Brexit?

Data protection law continues to apply to employers and employees after Brexit.

The EU GDPR was incorporated into domestic law as the UK GDPR, which operates alongside the Data Protection Act 2018 and subsequent UK data protection legislation.

Employers must continue to handle employee personal data lawfully.

This can include information relating to:

• Personnel records
• Salaries
• Sickness absence
• Disciplinary matters
• Grievances
• Performance
• Monitoring
• Health information
• Recruitment
• Equality information

Additional requirements may apply where personal data is transferred internationally.

What Happened to the Bankers' Bonus Cap After Brexit?

The bankers' bonus cap provides an example of an area where UK regulation has diverged following Brexit.

The previous rules restricted the amount of variable remuneration certain banking employees could receive compared with their fixed salary.

The Financial Conduct Authority and Prudential Regulation Authority removed the UK bonus cap with effect from 31 October 2023.

However, regulated financial institutions remain subject to detailed remuneration rules.

Depending on the employee and institution, these can include requirements relating to:

• Deferral
• Risk adjustment
• Malus
• Clawback
• Payment in financial instruments
• Long-term performance
• Remuneration governance

The removal of the cap therefore did not remove regulation of bankers' remuneration altogether.

Has Brexit Reduced Employment Rights Overall?

There has been no wholesale removal of UK employment rights following Brexit.

Core protections relating to:

• Discrimination
• Holiday
• Working time
• TUPE
• Agency workers
• Fixed-term employees
• Part-time workers
• Redundancy
• Family leave

all continue to exist.

However, because the UK is no longer bound to develop its employment law in precisely the same way as the EU, Parliament has greater scope to amend domestic rules.

Some post-Brexit reforms have already taken place, particularly in areas such as holiday pay, TUPE consultation and financial services remuneration.

Employment rights should therefore be considered according to current UK legislation, rather than relying on assumptions about what applied immediately before or after Brexit.

What Should EU Nationals Check Before Starting Work in the UK?

Before starting employment, an EU, EEA or Swiss national should make sure they have an appropriate legal right to work in the UK.

Depending on their circumstances, this may arise through:

• Settled status
• Pre-settled status
• A pending qualifying EU Settlement Scheme application
• A qualifying visa
• Indefinite leave to remain
• Rights under the Withdrawal Agreement
• Another recognised immigration status

Irish citizens generally have a separate right to work under the Common Travel Area.

Employers are required to conduct appropriate right-to-work checks before employing individuals.

If your immigration status or right to work is uncertain, specialist immigration advice should be obtained.