The Government has published two draft statutory instruments (SIs) (see here and here) amending certain employment legislation and a note prepared by BEIS in preparation for Brexit.  The SIs are made under the temporary powers in the European Union (Withdrawal) Bill and are intended to tidy up existing provisions in EU-derived employment legislation that would otherwise not make sense following Brexit.  The amendments are therefore technical in nature rather than substantive amendments to employment law – the Government maintains that it is firmly committed to protecting workers’ rights and to seek out opportunities to enhance protections when that is the right choice for UK workers – although no detail has yet been given as to what “enhancements” workers can look forward to in the UK.

In relation to European Works Councils (EWCs), BEIS acknowledges that the current EWC regime will only be able to continue with the EU’s co-operation and that there may be scope for change depending on the outcome of the UK’s negotiations with the EU.

The Government Equalities Office has also published a similar note in respect of technical changes that need to be made in respect of Equalities Legislation e.g. the Equality Acts 2006 and 2010.


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