provide that, notwithstanding the European Communities Act 1972, workers
or members of a trade union who are UK nationals shall have rights of
employment in the United Kingdom equal to or as favourable as those
afforded to foreign nationals or conferred by the United Kingdom Parliament.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
Employment rights for United Kingdom workers
Notwithstanding the European Communities Act 1972 (c. 68), including
rulings of the European Court of Justice, nothing in Article 49 EC or Directive
96/71/EC concerning the posting of workers in the framework of the provision
of services, shall operate to prevent or inhibit workers or members of a trade
union who are United Kingdom nationals from rights of employment in the
United Kingdom equal to or, as favourable as those afforded to foreign
national or as conferred by the United Kingdom Parliament.
This Act shall be binding in legal proceedings in the United Kingdom.
This Act may be cited as the Employment Rights Act 2009.