you can U-turn if you want to. The CJEU judgment in Wightman

Professor Steve Peers, University of Essex Today’s Full Court judgment in the Wightman case confirms that the UK can unilaterally withdraw its notification that it intends to leave the EU, on the most generous possible terms. It broadly follows last week’s non-binding opinion from an Advocate-General, discussed here. (See also the discussion here of the national court background to the proceedings, and the discussion here of the arguments for and against unilateral revocability. The EU courts have also ruled on a challenge to the withdrawal agreement negotiations in Shindler, and on the UK’s current status as…

To Boldly Go? Analysis and annotation of the EU/UK Future Relationship declaration

Professor Steve Peers, University of Essex The UK after Brexit won’t be a Mad Max dystopia, according to a former Brexit Secretary. Or will it? The reality is likely to fall somewhere in between the unicorn-powered ‘sunlit uplands’ fantasised by Brexit’s staunchest supporters, and the zombie-infested unlit wastelands feared by its strongest critics. The initial impact of Brexit (if it goes ahead) would be determined strongly by the withdrawal agreement, a binding formal treaty winding up the UK’s membership of the EU, or rather on whether such form of withdrawal agreement…

Citizens’ Rights after a No Deal Brexit

Professor Steve Peers, University of Essex Having resisted unilateral guarantees for EU27 citizens in the UK for over two years, and having promised to protect EU27 citizens unilaterally after all back in September, the UK government finally produced a paper today on what happens to EU27 citizens in the UK – and UK citizens in the EU27 – in the event of a ‘no deal’ Brexit outcome. The Commission’s recent communication on a ‘no deal’ Brexit included its view on the same issue from the EU side. With the vote…

Revoking the notice to withdraw from the EU? The opinion in Wightman

Professor Steve Peers, University of Essex Was sending the Article 50 notification of withdrawal from the EU like jumping off a cliff – impossible to change your mind after jumping? Or was it rather like setting off to the shops, where you can change your mind about shopping while on the way there, in the car park, or even in the shop itself – perhaps because you discover that the promised discounts don’t exist, the management is under police investigation, and the massive Turkish foods section consists of a couple…

How to protect the rights of UK citizens in the EU27 after Brexit? Analysis of the Shindler judgment

Professor Steve Peers, University of Essex* The EU General Court today gave its judgment in the case of Shindler and others, on the legality of the EU Council decision giving the EU Commission a mandate to negotiate the Brexit withdrawal agreement with the UK. In the Court’s view, the case, which was brought by a group of UK citizens living in the other EU Member States, was inadmissible. Although this necessarily meant that the Court did not rule on the merits of the legal challenge, the judgment nevertheless touched on…

EU Law Analysis: The Brexit Withdrawal Agreement: Overview and First Observations

Professor Steve Peers, University of Essex The recently agreed Brexit withdrawal agreement may turn out to be dead on arrival, or at some point not long after. Nevertheless, if the agreement is ratified, it is the basis on which the UK would leave the EU – unless the two sides agree to amendments to the text. Since the agreement is both complex and legalistic, but also the subject of intense political debate, there’s a need for a summary and explanation of the text for non-lawyers. This blog post aims to…

Data Protection and the Law of Unintended Consequences… | Employment Law Blog

Leaving aside the Brexit debacle, something that is keeping many employers awake at night these days is the risk of data loss and consequential liability.  The introduction of the GDPR in May of this year has (rightly) concentrated minds on this area, and a salutory decision of the Court of Appeal in WM Morrison Supermarkets Plc v Various Claimants on 22 October 2018 is not going to provide much comfort in that respect.  It has significant consequences for all employers whose employees have access to important data. This is the…

Carrying out a reasonable investigation into a misconduct allegation – can an employer withhold evidence from a disciplinary panel? | Employment Law Blog

The case of Hargreaves v Manchester Grammar serves as a useful reminder for employers of how to carry out a reasonable investigation, particularly when the employee in question is facing potentially career changing consequences as a result of the allegations. In this case the Employment Appeal Tribunal decided that it was reasonable for the employer to withhold the evidence of potential witnesses who “had seen nothing” – the Tribunal had been entitled to make this finding and reject the employee’s claim of unfair dismissal.   Background Mr Hargreaves was employed…

Scotching Brexit? Background to the Wightman case about reversing the Article 50 notification unilaterally

Alan S. Reid, Senior Lecturer in Law, Sheffield Hallam University. The author welcomes comments on the blog at a.s.reid@shu.ac.uk As the Brexit clock ticks down, and the diametrically opposed objectives of Theresa May’s negotiating imperatives become ever more exposed, the clamour to clarify the processes and procedures surrounding Brexit intensifies. At the tail end of 2017, a group of seven Scottish politicians, from across the political spectrum and from all three legislatures for Scotland (the Scottish Parliament, the UK Parliament and the European Parliament) commenced an action in the Scottish…

The extension of the SMCR, the fit & proper test and the increasing significance of non-financial misconduct | Employment Law Blog

The FCA has been determined to drive cultural change in financial services for some years now. Since the Parliamentary Commission on Banking Standards published their seminal report ‘Changing banking for good’ in 2013 there has been a concerted drive to improve the culture of financial services, to avoid future financial scandals, and ensure accountability and responsibility for risk management, compliance and wrongdoing from the top down. This has seen the introduction of the Senior Managers and Certification Regime (SMCR) – currently applicable to UK and foreign branch office banks, building…