This provides a useful overview, including:
- during the transition period, employment law rights derived from EU law will continue to apply to and in the UK;
- after the transition period, no new requests to set up an European Works Council in the UK or information and consultation procedure can be made and instead multinationals will have to comply with European Works Council legislation of an EU Member State, which may result in those companies re-locating their European Works Council arrangements to an EU Member State;
- after the transition period, the most likely legislation targets for abolition or amendment in the longer term would be the Working Time Regulations 1998 and the Agency Workers Regulations 2010, which have both been heavily criticised as imposing unnecessary burdens on business;
- after the transition period, amendments may also be made to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) to make it easier for employers to harmonise terms of employment and the Government might consider placing caps on compensation for discrimination claims at some point in the future.
If you would like to discuss specific arrangements for support through the risks of the move to an uncertain future relationship, on how you might express the concerns of your business to governments, on dispute risks that may arise, or on any other questions or challenges you have, please do contact your regular Herbert Smith Freehills relationship contacts, or otherwise any of our experts listed here.