O'Cinneide, CP; (2018) Values, Rights And Brexit – Lessons To Be Learnt From The Slow Evolution Of UK Discrimination Law. Australian Journal of Labour Law , 30 (3)

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Abstract

This article sets out to provide an overview of the evolution of United Kingdom discrimination law over the last 50 years, with particular reference to how this process has played out in the employment sphere. In so doing, it makes the argument that the influence of European law — and especially the purposive and rights-centred approach adopted by the Court of Justice of the European Union to the interpretation of EU equality legislation — has exercised a transformative effect on UK law in this context. In particular, it has played a key role in countering the influence of certain ‘drag factors’, which might otherwise have stunted the development and functioning of UK discrimination law. This ‘leavening’ influence of European law may survive the rupturing impact of Brexit, in part because the European approach has to some extent been internalised within UK law. The article concludes by suggesting that there are some tentative lessons to be learnt from this experience, which may be of (possible) value to an Australian audience.

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