The Common Law’s Challenge

‘Global Britain’: for differing audiences, this phrase carries ominous or optimistic tones when considering UK employment law and policy after ‘leaving’ the European Union. This presentation assesses the role of the common law in a ‘Global Britain’ (using the works of Alan Bogg, David Cabrelli, Hugh Collins and Nicola Countouris). Attention will be given to the country’s history of labour relations (such as the critical works of Otto Kahn-Freund, Lord Wedderburn, Paul Davies and Mark Freedland, Hugh Collins, Simon Deakin, Diamond Ashiagbor and Ruth Dukes) with the aim of assessing current trends in UK employment law and policy such as the emphasis on regulation for the benefit of small to medium sized enterprises as economic drivers. While the present trajectory is not encouraging for the retention of employment protections once EU law is no longer applicable, this discussion will attempt to point some foundation for the entrenchment and growth of employment rights at common law balanced with government initiatives to facilitate economic growth during what are anticipated to be some difficult years.