The Great Repeal Bill White Paper confirms that EU law will be converted into domestic law, meaning that workers’ rights under EU law will continue under UK law after the UK has left the EU. The approach outlined in the White Paper is designed to give businesses, workers, investors and consumers the maximum possible certainty as the UK leaves the EU. Example 1 in Paragraph 2.17 shows how the approach will work with regard to workers’ rights and equalities. In summary:

• The Great Repeal Bill will convert EU law into domestic law, meaning that the workers’ rights that are enjoyed under EU law will continue to be available in UK law after leaving the EU.
• Where protections are provided by the EU treaties to be relied on as a final ‘backstop’ in court, they will be preserved, e.g. the right to equal pay under Article 157 of Treaty on the Functioning of the EU.
• Protections are further strengthened by the Bill’s incorporation of ECJ case law, meaning that workers’ rights extended by ECJ judgments will continue to be protected in the UK post-Brexit.
• Furthermore, all the protections covered in the Equality Act 2006, the Equality Act 2010 will continue to apply once the UK has left the EU.

This update provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and the judgments made in every aspect of the case. Click on the links to access full details. If no link is provided, contact us for more information.  Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, SM&B cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.