In the joke, a pathologist is asked by a young claimant lawyer how he was sure his client's husband had been really dead during an autopsy. "Because his brain was in a jar on my desk", she replies. Undeterred the lawyer asks whether the patient could still have been alive. "Yes", says the pathologist, "and practising law in this courtroom"! Theresa May's indication that we will leave the jurisdiction of the European Court of Justice is not such a surprise post referendum but what does it mean for employment law? Unlike other European countries the UK doesn't have codified law and relies on legal decisions to fill in the gaps. For now much of our core employment law relies on decisions of the ECJ to make them work. Swiss politics were much praised in the Brexit debate but if we "liberate" ourselves from the ECJ some of our social laws may become more like Swiss cheese. These gaps will ultimately have to be filled by politicians. One thing is certain - Employment Law is about to become less so!
Mrs May said that after Brexit the UK will be “a fully-independent, sovereign country” that will no longer be in the “jurisdiction of the European Court of Justice”, suggesting that Britain is preparing to leave the single market. Speaking in Birmingham, she said Tory MPs and peers trying to stop Britain from leaving the EU were "insulting the intelligence of the British people" and "subverting democracy".