The government has published the first 25 in a series of technical notices which aim to provide guidance for UK businesses, workers and citizens on how to prepare for a “no deal” Brexit. One of these notices is entitled “Workplace rights if there’s no Brexit
deal”. A no deal Brexit will occur if the UK and the EU fail to conclude a withdrawal agreement by the time of the UK’s exit from the EU at 11pm on 29 March 2019. This would mean there would be no transitional period and a sudden break in the application of
EU rules to the UK.

The notice on workplace rights makes clear that, as the European Union (Withdrawal) Act 2018 brings across powers from EU Directives, if there’s no Brexit deal UK workers would generally continue to be entitled to the rights they currently have under UK
law, including those aspects which come from EU law (other than as set out below). The EU derived provisions include: the Working Time Regulations 1998, family leave entitlements (including maternity and parental leave), legislation to prevent discrimination
and harassment based on sex, age, disability, sexual orientation, religion or belief and race or ethnic origin, the TUPE regulations, protections for agency workers and legislation to cover the employment protection of part-time, fixed-term and young workers.
The government would intend to make small amendments to the language of UK employment legislation to ensure the existing provisions reflect that the UK is no longer an EU country post Brexit, but these amendments would not change existing employment rights.
The government also points out that UK domestic legislation already exceeds EU-required levels of employment protections in a number of ways.

However, the government has confirmed that withdrawal from the EU in a “no deal” scenario would affect the following two employment rights:

• Rights on an employer’s insolvency – employees living and working in the UK for a UK or EU employer, would continue to be protected as they are now. However, the notice advises that UK and EU employees that work outside the UK in another EU country for
  a UK employer, should check whether they are still protected in the event of their employer’s insolvency under the national guarantee fund established in that country.
• Rights in respect of European Works Councils (EWCs) – the government would protect the ongoing operation of existing EWCs, but would intend to amend the relevant regulations so that no new requests to set up an EWC or Information and Consultation procedure
  could be made. The notice recommends that UK businesses with EWCs, and trade unions that are parties to EWC agreements, review those agreements in light of the fact that there would no longer be reciprocal EWC arrangements between the UK and the EU post Brexit.

Source: New feed