The Government has confirmed that despite speculation that workers protections may be diluted in the Government’s post-Brexit plans for the UK labour market - this is not the case.

An article posted by the Financial Times on 14 January 2021 sparked widespread concerns amongst trade unions and commentators.

Key workers rights that derive from EU law and in particular the Working Time Directive (2003/88/EC) (WTD) include:

• the 48-hour working week (albeit under regulation 4(1) Working Time Regulations 1998 allows employees to voluntarily opt out of this restriction);
• daily and weekly rest breaks;
• annual leave entitlements; and
• holiday pay calculations.

While employers may welcome the relaxation of onerous requirements, such as holiday pay calculations and daily reporting of working hours, the new Business Secretary, Kwasi Kwarteng appointed on 8 January 2021, confirmed in his tweet on 14 January 2021 that this will not be the case.

If anything, he stated that it is the Government’s intention to “protect and enhance worker’s rights going forwards, not row back on them.”

A Government spokesman went further stating that UK law is known for being a “standard setter” and has already enhanced many workers rights in the UK. For example, in the UK, workers are entitled to 5.6 weeks (28 days) of annual leave per year, however, only 4 weeks (20 days) of this entitlement actually derives from the WTD. Furthermore, many family friendly rights such as maternity leave and pay are more generous, and many other family-related rights are purely domestic in origin.

Mr Kwarteng has since confirmed that business leaders are being consulted on EU employment rights in the UK and re-affirmed that there are no plans to dilute the protections afforded by EU employment law.  He also confirmed that the focus is to maintain “a really good high standard for workers in high employment and a high-wage economy… so the idea that we’re trying to whittle down standards, that’s not at all plausible or true”.

The Business Secretary’s public statements appear to have swung the pendulum and indicate that the Government’s plans are likely to enhance workers rights rather than to dilute them, as initially reported on 14 January 2021. More will become clear when the Employment Bill is published later this year.

For more information on the topic, please contact a member of our Employment Team.