25 Jan 2017
Brexit Ruling: The Supreme Court has handed down its judgement, in what has been a landmark case. 11 senior judges, led by Lord Neuberger, announced that article 50 has to be put to parliament with a majority ruling (eight to three).In early December the Government appealed against an earlier decision by the High Court who ruled that Parliament must be consulted before triggering Article 50, a monumental win for campaigners who argued that Prime Minister Theresa May does not have the power to invoke Article 50 of the Lisbon Treaty without MP’s approval. Paul Holcroft, Head of Employment Law at Croner, says: “This is one of the most important constitutional cases and is the first time that all 11 justices have sat to hear a case. The appeal by campaigners has been denied and the original decision upheld. This means that invoking Article 50 puts in place an irrevocable change on the rights of the UK citizens and so that decision must be taken by parliament, rather than making the change under the ‘Crown prerogative’. “This decision means that Theresa May cannot invoke Article 50 until MPs and peers give their backing. This will surely concern UK businesses who are concerned about the impact of Brexit, particularly those that employ foreign workers. Our advice to those businesses is to ensure that employees have the right to work in the UK and have all the necessary visas and checks in place for them. Even if a business doesn't employ foreign workers we would recommend that they make sure that their policies and procedures are up-to-date and that documentation such as employment contracts are robust to help future-proof their business.”
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