Question to the Department for Business, Energy and Industrial Strategy:

To ask the Secretary of State for Business, Energy and Industrial Strategy, whether the European Court of Justice will have jurisdiction over a claim brought by a UK national under the Transfer of Undertaking Regulations 2006 in the event that the UK leaves the EU without a deal and that national's employment transfers under the regulations from a UK employer to an employer in an EU member state.

The EU Withdrawal Act 2018 established that if the UK leaves the EU without a deal UK courts and tribunals will no longer be able to refer cases to the Court of Justice of the European Union (CJEU) on or after exit day. Decisions of the CJEU made on or after exit day will not be binding on UK courts and tribunals, but judges may take these judgments into account if it is relevant to the matter before them. This principle will apply to claims brought in the UK under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE).

As is the case before exit, an employment claim against an employer in another EU Member State (i.e. not the UK) may be brought in that country under its relevant national legislation. This will depend on the facts and circumstances of a particular case.