#62024CJ0350EU Court clarifies how pre-Brexit cases involving UK employment law must be handled
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The ruling clarifies that EU courts handling cases filed before the end of the Brexit transition period may still need to apply UK laws that implemented EU directives, including rules on sex discrimination and workplace harassment. For employers, employees, and courts involved in older cross-border disputes, the key point is continuity. A case that was already before an EU Member State court before the transition ended should not lose its EU-law framework simply because the UK later left the EU.
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Key Changes
- Confirms that Brexit does not automatically remove EU-law rules from cases already before Member State courts before the transition period ended
- Clarifies that UK laws implementing EU directives may still need to be read in line with EU law in those older proceedings
- Gives guidance for cross-border employment disputes involving discrimination and workplace harassment claims
Obligations
What this law requires
Courts of EU Member States seised of proceedings before the end of the Brexit transition period may need to continue applying the EU-law framework when applying United Kingdom legislation that transposed EU directives, including Directive 2006/54/EC on equal treatment in employment.
A case already pending before an EU Member State court before the end of the Brexit transition period should not lose the applicable EU-law interpretive framework solely because the United Kingdom later withdrew from the European Union.
When applying United Kingdom legislation transposing Directive 2006/54/EC in such pre-transition proceedings, the court of the forum must consider the principle that national law is to be interpreted in conformity with EU law.