A controversial review into how EU employment rights protections could be changed after Brexit is no longer going ahead, the new Business Secretary Kwasi Kwarteng has confirmed.
It has been confirmed that despite speculation that workers protections may be diluted in the Government’s post-Brexit plans for the UK labour market - this is not the case. Kwasi Kwarteng was appointed as the new business secretary on 8 January 2021 and has made it clear to the Department for Business, Energy and Industrial Strategy that the Government has no intention of watering down workers’ rights.
Key workers’ rights that derive from EU law and in particular the Working Time Directive (2003/88/EC) (WTD) include:
- the 48-hour working week (albeit under regulation 4(1) Working Time Regulations 1998 allows employees to voluntarily opt out of this restriction);
- daily and weekly rest breaks;
- annual leave entitlements; and
- holiday pay calculations.
While some employers may have welcomed the relaxation of requirements such as holiday pay calculations and daily reporting of working hours, Kwarteng confirmed in his tweet on 14 January 2021 that this will not be the case. In a recent ITV interview Kwarteng reiterated that Brexit gives the UK the opportunity to have higher standards and a higher growth economy.
The scrapping of the review follows a fierce backlash from Trade Unions and the Labour party, with Ed Miliband the Shadow Business, Energy and Industry Secretary, writing in the Guardian: “The Government has failed to bring in the Employment bill that it promised would protect and enhance workers’ rights.” He added: “We have seen some workers feel unable to ensure their own safety, scared to raise complaints and compelled to come into the office despite the government’s instruction to work from home.”
The business secretary’s recent public statements suggest that the Government’s plans are likely to enhance workers’ rights rather than to dilute them, but all will become clear when the Employment Bill is published later this year.
For more information on the topic, please contact a member of our Employment Team.
