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Brexit: New Government guidance issued on impact of a ‘no-deal’ on workers’ rights

Whether you believe the rhetoric or not, there is a real possibility that the UK could exit the EU on 29 March 2019 without a deal in place.  The Government has begun to publish a series of notes to allow businesses and individual citizens to understand what they would need to do in a ‘no deal’ scenario so that they can make relevant plans, including in relation to workplace rights and entitlements.

In Guidance published last month, the Government has said that there will be a very limited impact on workers’ rights in the absence of a deal with the EU.  The Government is committed to ensuring that workplace rights and protections which originate from EU law and which are already on the statute book will remain, unchanged, to create legal certainty and clarity for stakeholders and citizens alike.  This means that workers in the UK will continue to benefit from rights they have under UK law in key areas such as working time, family leave, TUPE transfers and discrimination.  The guidance contains a fuller list of the workplace and protections which are derived from EU law and which will be unaltered from 29 March 2019. In a very limited number of areas a no-deal scenario will have an impact, namely: European Works Councils and insolvency situations of employers.

With just over 6 months to go until the UK leaves the EU, this Guidance provides welcome clarification in this important area for employers.  Should you wish to discuss your own business’ plans for the post-Brexit landscape and your workers’ rights and entitlements, please do not hesitate to get in touch with Tiggy or Emma

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