Following the decision to leave the EU, the question about employment rights has been asked many times as it does come from the EU law. Several MP’s have taken it upon themselves to try and protect those rights when the UK does eventually leave the EU. This has been done through a Private Member’s Bill – the Workers’ Rights Bill.
The government has dismissed any concerns about them removing or altering the key workers’ rights following the Brexit decision. Therefore, the reason behind the Bill is to make sure that the workers’ rights that come from EU law are not open to changes once the UK leaves the EU.
Included is the right to have paid holiday and rest periods, the right not to be discriminated against on grounds of religion or belief, age or sexual orientation as well as the right for working parents to take leave to look after their children. Part-time workers should still have the right to be treated just as favourably as full-time workers as well as rights under TUPE which is where the terms and conditions of employment are transferred with employees over to a new business when a takeover has occurred.
Employees should still have the right to be informed and consulted about any issues or changes that are a direct concern for them in the work place while temporary agency workers as well as those with fixed-term contracts have the same basic conditions as those workers with permanent contracts.
The Bill is extremely important because when the time comes for the UK to withdraw from the EU, many of the laws that come from the EU will not have any legal effect and this means that the government have to consider taking the right steps to ensure they remain in place.
The Bill was put forward following comments made by Theresa May’s cabinet regarding employment rights and their plans to possibly reduce them. Prior to the referendum, it was believed that the decision to leave the EU could significantly reduce the burden of protection put in place for EU employment law. Previously it was also believed that some employment rights could not be sustained and it was also recommended four years ago, by the Conservative-led government that employees can dismiss employees without the need of any reasoning. This recommendation was refused by Vince Cable.
If the Bill is passed then it will help to prevent the loss of employment rights that were brought in after a long and hard journey to implement them. Protecting the rights will also make it possible for the UK to improve them in the future and that is a great platform from which it can be achieved.
When the Bill was read, there was no opposition but it is still in its infancy. The Bill will be read for the second time in November and this means that it will be a little while until the Bill is brought in as a law providing it is passed by Parliament.
For more information on employment law, please speak to our team of employment solicitors in London today at Fletcher Day.
