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Workers' Rights (Maintenance of EU Standards) Bill


Official Summary

A Bill to make provision about the safeguarding of workers’ rights derived from European Union legislation after the withdrawal of the UK from the EU; and for connected purposes

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Overview

The Workers' Rights (Maintenance of EU Standards) Bill aims to preserve workers' rights established through European Union legislation after the UK's departure from the EU. It ensures that existing rights are maintained and that future changes are made only through primary legislation, preventing a weakening of these protections.

Description

This bill seeks to safeguard workers' rights derived from EU law post-Brexit. Key aspects include:

  • Defining "EU Worker Rights": The bill defines these rights, duties, remedies, and procedures as those in place at the UK's exit date from the EU, stemming from specific EU Directives listed in Schedule 1.
  • Interpretation of Rights: Any legal questions regarding the meaning or effect of these rights will be determined based on principles established by the Court of Justice of the European Union (CJEU).
  • Compatibility with Existing Legislation: Existing UK legislation must be interpreted compatibly with EU Worker Rights, as far as possible.
  • Directly Effective Rights: Rights directly effective in the UK at the exit date will remain so.
  • Maintenance of Implementing Legislation: UK laws implementing EU Directives (Schedule 2) will remain in effect unless amended by primary legislation. Amendments to make worker protections *more* favorable are allowed.
  • Equivalent Procedural Rules: The bill ensures procedural rules for safeguarding these rights will remain at least as favorable as those under general UK law.

Government Spending

The bill doesn't directly specify government spending increases or decreases. The potential cost may depend on enforcement and any future litigation arising from the maintenance of these rights, but no specific figures are provided.

Groups Affected

  • Workers: The bill primarily protects workers' rights, ensuring continued access to protections previously afforded by EU law. This impact is positive, maintaining or enhancing existing protections.
  • Employers: Employers will be subject to the continued obligations established under the preserved EU-derived worker rights. This may lead to increased compliance costs.
  • Courts and Tribunals: Courts and tribunals will be responsible for interpreting and applying the EU-derived rights and ensuring compliance with the bill’s provisions.
  • Parliament: Parliament's role is critical in ensuring that any future changes to relevant legislation are made through primary legislation, reflecting the intention of preserving worker rights.
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