BREXIT - 10.02.2020

Q&A - workers rights to be watered down?

Q. We understand that the clauses which were meant to safeguard existing EU-derived workers’ rights were removed from the Withdrawal Agreement Act 2018 (the Act) shortly before it passed into legislation. Does the government intend to water down employment rights?

A. The Act paved the way for the UK’s exit from the European Union. We are now in a transition period that envisages negotiations about future arrangements with the EU. The original Withdrawal Bill had contained clauses designed to safeguard EU-derived workers’ rights, but these were removed at the eleventh hour. However, this doesn’t automatically mean that all EU-derived workers’ rights are going to be watered down post-Brexit.

The final outcome will depend on the terms of any future UK/EU trade deal (which may not be struck) and whether it contains a “level playing field” clause. If it doesn’t, or if we have a no deal scenario, the government will be free to remove or water down any EU-derived workers’ rights. Equally, it could introduce enhanced workers’ rights. It has already indicated that a new Employment Bill is on the cards.

Tip. For now, things continue as before pending the outcome of the UK/EU trade negotiations. All EU-derived workers’ rights have been transposed into our domestic legislation.

All EU-derived workers’ rights remain intact. Their future will be determined by the final outcome of the trade deal negotiations. In the event of a no deal situation, the government will be free to remove or water down these rights.

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