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Paragraph 4, paragraph 1, contains a comprehensive list of EU directives on workers` rights. Asked in a parliamentary question whether specific EU Council guidelines on equal employment rights would apply to the whole of the UK, Mr Smith replied that it applied to „Northern Ireland only“.“ If the WAB is adopted in December 2019 and the withdrawal agreement is ratified, there will be a deadline for implementation until 31 December 2020. During the transposition period, EU legislation will continue to apply in the UK. As a result, during this period, the UK will not be able to pass legislation to reduce workers` rights in the EU. Workers` rights and the protection of women could be at risk after Boris Johnson added a series of changes to the withdrawal agreement after December`s general election, as stated by Lisa Nandy, the Labour front-run candidate. However, these two main safeguards have been removed from the law. The blocking of EU derivative rights has disappeared and new provisions would allow lower courts and tribunals to depart from previous decisions on workers` rights, whether it is the ECJ or our own courts. What do these changes mean in practice? The Employment Lawyers Association (ELA) reviewed these changes and concluded that they have the potential to create „significant and lasting uncertainties“ for both employers and workers. You can read the ELA`s full statement on the law and its potential impact on the workplace. The December 2019 WAB no longer contains these clauses.

Instead, in the Queen`s Speech in December 2019, the government announced that it would include clauses to protect and strengthen workers` rights in an upcoming employment law. Michael Gove, the chancellor of the Duchy of Lancaster, said on LBC on 17 December that it was to „have a simple approach to get Brexit, to pass this withdrawal agreement.“ These include provisions for pregnant women, equal pay for men and women, and leave pay. Nandy said: „It is absolutely shameful that Boris Johnson wants to create new doubts about women`s rights in the workplace, which we have taken for granted for decades. Nandy handed over to the government a series of rulings from the European Court of Justice to consider what his new status would be after the elections under the European Withdrawal Act. It should be noted that the government`s Workers` Rights Act of May appears to be exclusively a protection of the rights of EU-derived workers. On the other hand, the Queen`s Speech suggests that the employment law proposed by the Johnson government would cover a number of additional employment-related issues (. B, for example, the creation of a single supervisory body). „The withdrawal agreement means that women in Belfast will be permanently protected from discrimination in the workplace, but women in Bolsover will not have the same guarantees from next year. This is completely unacceptable.

Paragraphs 2, paragraphs 7 and 8, set the duration of reference periods. The first report must be submitted six months after the end of the transition period. Subsequently, the reference period is a maximum of 12 months, but may be shorter, depending on the publication by the EU of new workers` rights. „In the absence of permanent [ECJ] jurisdiction over UK law after Brexit and the fact that workers` rights can be anchored longer against negative decisions by national authorities, it seems inevitable that the level of protection for workers` rights in the UK will decrease from the level of protection maintained in the EU.“ The „new rights of EU workers“ are defined in Schedule 5A, Part 3, as the workers` rights that EU Member States must grant at the end of the transitional period through a directive or regulation published in the EU Official Journal.