Brexit/Retained EU Law (Revocation and Reform) Bill and employment rights/consumer protection: June 2023

Dear constituent,

Thank you for contacting me about the Retained EU Law (Revocation and Reform) Bill and the issue of employment rights and/or consumer protection.

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 given to EU law and will enable the Government, via Parliament, to amend more easily, repeal and replace retained EU Law. You can read my more detailed position on the Retained EU Law (Revocation and Reform) Bill and the protections it provides here: Brexit/Retained EU Law (Revocation and Reform) Bill - June 2023 | Richard Fuller

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, as it was before we left the EU, 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.

Under current EU law, the regulations also impose burdensome record keeping and reporting requirements on employers, that do not add benefits to workers but impose significant costs to the business. The Government has therefore announced that it will consult on alleviating these requirements, which could save businesses £1 billion without reducing the protections for workers.

In relation to maternity rights, the Government provides 52 weeks of maternity leave, with the option to convert it to shared parental leave. In comparison, the EU requirement for maternity leave is just 14 weeks. 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.

Ultimately, the UK has one of the best records on workers’ rights, going further than the EU in many areas, and I am determined to build on this progress. 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.

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.

It is also worth noting that many employment rights are enshrined in UK law and this started in the 1970s, long before the EU turned its attention to these issues, including statutes such as the Health and Safety at Work Act, the Equal Pay Act 1970 and the Sex Discrimination Act 1975. Since then, we have also seen statutes such as the Employment Rights Act 1996 and the Equality Act 2010.

Further, the Government is committed to a consumer rights framework that protects consumers and drives consumer confidence, while minimising unnecessary cost to business. Core consumer protections, as set out in the Consumer Rights Act 2015, remain unaffected by the Retained EU Law Bill. The Government will maintain its international commitments on consumer protection. The Government will bring forward proposals to address retained EU law that impacts consumer protection using the powers in the Bill or other available legislative instruments.

The UK regime sets some of the highest standards of consumer protection in the world, and this will continue to be the case.

Thank you for getting in touch.

Sincerely,

Richard