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by Munro Research

Employment Rights Bill


Official Summary

A Bill to provide that, notwithstanding the European Communities Act 1972, workers or members of a trade union who are UK nationals shall have rights of employment in the United Kingdom equal to or as favourable as those afforded to foreign nationals or conferred by the United Kingdom Parliament.

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Overview

This bill, the Employment Rights Act 2009, aims to ensure that UK national workers and trade union members have employment rights in the UK that are at least as good as those afforded to foreign nationals or established by UK Parliament. It seeks to override certain aspects of EU law that might otherwise limit these rights.

Description

The bill explicitly states that, despite the European Communities Act 1972 and related EU rulings (specifically Article 49 EC and Directive 96/71/EC on the posting of workers), UK national workers and trade union members cannot be disadvantaged in their employment rights compared to foreign nationals or rights already established within UK law. The bill makes it legally binding in UK courts.

Key Aspects
  • Guarantees equal or better employment rights for UK nationals compared to foreign nationals.
  • Overrides potentially conflicting EU legislation on worker posting.
  • Enshrines these rights in UK law, making them enforceable in UK courts.

Government Spending

The bill does not provide specific figures for government spending. The potential impact on government spending is indirect and uncertain, depending on how the bill affects employment law and any subsequent legal challenges or changes to government programs.

Groups Affected

This bill primarily affects:

  • UK National Workers: Could lead to improved employment rights and protections.
  • Trade Union Members (UK Nationals): Could enhance their collective bargaining power and protections.
  • Employers: May face changes to their employment practices and potentially increased costs if the bill leads to higher employment standards.
  • Foreign National Workers: The bill could indirectly affect them depending on how courts interpret the legislation in relation to existing rights for foreign nationals.
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