In January 2022, the Government announced plans to bring forward a Bill to create a more innovative regulatory regime that would not have been possible were the UK still a member of the European Union. The Bill will abolish this special status and will enable the Government, via Parliament to amend more easily, repeal and replace retained EU Law. The Bill will also include a sunset date by which all remaining retained EU Law will either be repealed or assimilated into UK domestic law.
The Government is committed to maintaining and enhancing workers’ rights following the UK’s departure from the EU. The Working Time Directive has been transposed into UK law through the Working Time Regulations 1998, and under the EU (Withdrawal) Act 2018 these and other Regulations have been retained.
The regulations provide that, subject to certain exceptions where the nature of the work makes it impractical, employees cannot work more than 48 hours a week averaged, normally, over a period of 17 weeks. It is possible for employees to opt out of this provision voluntarily and in writing, either indefinitely or for a specified period. Employers can request that an employee opts out but cannot terminate their employment or treat them unfairly if they decline.
The UK has one of the best workers’ rights records in the world, and our high standards were never dependent on our membership of the EU. The Government provides 52 weeks of maternity leave, with the option to convert it to shared parental leave. The EU requirement for maternity leave is just 14 weeks and as such the UK doing better here. The right to flexible working for all employees was introduced in the UK in the early 2000s, whereas the EU agreed its rules only recently and offers the right only to parents and carers. The UK introduced two weeks’ paid paternity leave back in 2003, and the EU legislated for this only recently.
I would like to reassert that women's rights have never been dependent on the UK's membership of the EU, nor will they be affected by the revocation of retained EU Law.
By further protecting workers, supporting business to comply with the law, and preventing them from being undercut by a minority of irresponsible employers, the UK can continue to have a high-wage, high-employment economy that works for everyone as we build back better from the pandemic.
Further, the Health and Safety at Work etc. Act 1974 has led to the UK having one of the best records on health and safety in the world, and I am confident that this record will continue. The Health and Safety Executive (HSE) remains focused on ensuring that regulatory frameworks maintain the UK's high standards of health and safety protection and continue to reduce burdens for business.
