The UK and EU Trade and Cooperation Agreement

26 April 2021

The UK and EU Trade and Cooperation Agreement

The UK and EU Trade and Cooperation Agreement will not in the short-term change employment rights in the United Kingdom but establishes the approach on how United Kingdom and the European Union will approach making any upcoming changes to the law. It was a requirement as part of reaching a trade deal that the UK and EU were able to agree and understanding on various legal right including employment, the environment, taxation, and social policy.  The UK and EU have agreed to continue employment rights that have been in force in the United Kingdom as up to the 31 December 2020, the reason is to protect trade and investment. They have also agreed to continue to improve employment and social protection.

It is important to note that the United Kingdom will not need the approval of the EU to make future changes to the law. It has been agreed that the United Kingdom may establish its own employment and worker rights and social policy. Any changes to the law will still be in required to be coherent with international obligations. The agreement does state if that there is a breach by any party that influences investment and trade that will result in repercussions made by way EU tariffs.

To allow maintainable advancement the UK and EU have agreed that the agreement will comply with the Conventions of the International Labour Organisation and the European Social Charter of the Council of Europe.  The UK will continue to recognise the principal rights under the European Convention on Human Rights in relation to judicial cooperation. It will recognise the in the agreement the parts on legal enforcement and judicial collaboration on employment and criminal law. The agreement will however not make the European Convention on Human Rights to be made part of UK domestic law. Instead, the UK will have the option to change or replace the law. Any change would have to in the spirit of the European Convention on Human Rights otherwise it will have an affect on the execution of the law.

Employers should watch out for announcement to be made by the UK Government in the coming months that may have an impact on employee and worker rights.

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