This means that Parliament has decided not to vote in favour of the deal Theresa May has put together with the European Union.
This presents several options to Theresa May and her Government, however, for this purpose, let us presume that this will result in a no-deal scenario.
A no-deal scenario is where the United Kingdom leaves the European Union without an agreement of how the relationship will work.
No Deal and Employment Law
If the UK leaves the EU without a withdrawal agreement then Theresa May has given assurances that those migrants who are settled prior to 29 March 2019 could continue to live and work in the UK.
The Government would look to implement something broadly similar to the above scheme in any event.
After all, what is the alternative?
However, there will no doubt be some significant changes, especially for anyone who is looking to work in the UK for the first time after Brexit.
How will this affect Employment Law and HR
The simple fact is that without a withdrawal agreement, no-one is sure what the future position on immigration will be.
At least the withdrawal agreement buys the government some breathing space to work out what that may look like. It could be that they implement a points based immigration system similar to the one that already exists for non-EU migrants.
However, that is likely to be unpopular with businesses given that it is quite a complex, unwieldy system in any event and can be very costly.
Indeed, the guidance on sponsoring a non-EU national runs to over 10,000 pages which is far from perfect or in line with the Brexit ideal of cutting back on unnecessary red tape.
Another alternative would be a simplified work permit system for EU nationals, however, there is no indication as to what that might involve.
In its “Workplace rights if there’s no Brexit deal” document, the government sets out that there will be no change to employees’ rights and protections. Some minor amendments will need to be made to the language of the legislation to reflect our departure from the EU, but they will not modify policy.
Is Health & Safety impacted?
There appears to be little evidence that a no deal Brexit will impact health and safety and how it is implemented in the United Kingdom.
As HASAWA was introduced before the UK joined the EU, a no deal Brexit would not affect this.
Furthermore, for many industries, including manufacturing and food production, the UK’s place as a leader in the health and safety sphere, means that any derogation away from that could impact investment.
As Nick Wilson, Director of Health and Safety services at Ellis Whittam explains, “Ultimately, health and safety goes hand in hand with successful and sustainable business and so business leaders are likely to want to stay as aligned as possible with the high standards of the EU.”