The Employment Rights (Amendment) (EU Exit) Regulations 2019

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers conferred by section 8(1) of, and Schedule 7 to the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures of retained European Union (EU) law to operate effectively and other deficiencies (in particular under paragraphs(a), (d), (e) and (g) of section 8(2) of that Act) arising from the withdrawal of the United Kingdom (UK) from the EU. The powers in section 2(2) of the European Communities Act 1972 are relied upon to make amendments to correct existing technical inaccuracies in the current legislation (these amendments are made by paragraph 9, 11(c) and 16(c) of Schedule 1).

These Regulations make amendments to legislation in the field of employment rights.

Schedule 1 contains amendments to primary and secondary legislation extending to England and Wales, and Scotland. The amendments to primary legislation include the repeal of existing powers for the Secretary to State to make regulations to implement or deal with matters arising out of or related to the UK’s obligations under certain EU Directives (which concern provision for parental leave, part time workers, fixed term work and information and consultation). Amendments are also made to secondary legislation to amend or remove references that relate to the UK’s membership of the EU. The saving provision in Part 3 of Schedule 1, ensures that these amendments do not affect the validity of any regulations, that came into force before exit day and were made under those Acts amended by Part 1.

Schedule 2 contains amendments to the Transnational Information and Consultation of Employees Regulations 1999 which extend to the whole of the United Kingdom, to amend or remove references that relate to the UK’s membership of the EU, and provisions which concern the establishment of a European Works Council. Part 2 of Schedule 2 contains saving and transitional provisions.

A full impact assessment has not been produced for this instrument as no, or no significant impact on the private, voluntary or public sector is foreseen.