Explanatory Notes

Part 2: New EU workers’ rights

Reports on new EU workers’ rights

493 Paragraph 2 of new Schedule 5A places a requirement on the government to report at regular intervals to Parliament on new EU legislation adopted and published in the Official Journal of the EU after the end of the implementation period ends, and which relates to employment rights or health and safety protections.

494 Sub-paragraphs (2), (3) and (4) explain the different requirements for the content of the report.

495 Sub-paragraph (2) deals with the situation where there has been no recent EU legislation in the area of workers’ rights. In that case the report can reflect that there have been no new EU workers’ rights during the relevant reporting period.

496 Sub-paragraph (3) deals with the situation where new EU legislation has been made. It requires a statement to the effect that in the Minister’s view the new EU legislation contains protections commensurate with those already provided for in domestic law (a ‘statement of non-divergence’), or a statement to the effect that the Minister is unable to do so.

497 In this latter circumstance, sub-paragraph (4) requires that a further statement is made as to whether the Government intends to take action, and if so, the action it proposes to take, in respect of the EU legislation.

498 Sub-paragraph (5) requires a Minister of the Crown to make arrangements for the House of Commons and the House of Lords to approve the report.

499 Sub-paragraph (6) makes clear the Government must consult with representatives of workers and employers, and other interested bodies.

500 Sub-paragraphs (7) and (8) specify that the first reporting period is 6 months starting from the end of the implementation period, and thereafter is a period up to a maximum of 12 months depending on whether new measures have been adopted.

Part 3: Interpretation

501 Paragraph 3 of new Schedule 5A defines terms that are used Parts 1 and 2 of Schedule 5A. For example, it defines what is meant by new EU workers’ rights and retained EU workers’ rights.

502 Paragraph 4 of new Schedule 5A lists the EU directives which are relevant for determining workers’ retained EU rights for the purposes of the duty to make a statement under paragraph 1. Sub-paragraphs (2) and (3) enable the Secretary of State to amend this list of directives if there are changes to EU directives. The power lapses one year after the end of the implementation period.


Prepared 21st October 2019