Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+

BrexitEuropeEmployment law

Great Repeal Bill: No immediate changes to workers’ rights

by Jo Faragher 30 Mar 2017
by Jo Faragher 30 Mar 2017 Brexit minister David Davis said nothing would change overnight, despite new parliamentary powers to amend legislation
Mark Thomas/REX/Shutterstock
Brexit minister David Davis said nothing would change overnight, despite new parliamentary powers to amend legislation
Mark Thomas/REX/Shutterstock

The Government has issued a White Paper detailing how it will replace EU legislation with national laws, just one day after Prime Minister Theresa May activated Article 50.

Brexit resources

How to prepare for Brexit

What impact will Brexit have on employment law?

Practical five-point checklist for employers

The Great Repeal Bill, at it is known, repeals the European Communities Act 1972, which says EU law is supreme to that of the UK.

Announcing the details of the White Paper, Brexit minister David Davis said there would be three key elements: to repeal the European Communities Act; to convert any existing EU law into UK law; and to give parliament powers to create secondary legislation to enable corrections to any laws that would no longer be appropriate once we have left the EU.

The Bill will come into force the day the UK officially leaves the EU and will formally be announced in the next Queen’s Speech.

In a foreword to the White Paper, May said: “This approach will provide maximum certainty as we leave the EU.

“The same rules and laws will apply on the day after exit as on the day before. It will then be for democratically elected representatives in the UK to decide on any changes to that law, after full scrutiny and proper debate.”

Davis said there would be no overnight changes to workers’ rights currently enshrined in EU laws.

He said: “The Great Repeal Bill will convert EU law as it applies in the UK into domestic law on the day we leave – so that wherever practical and sensible, the same laws and rules will apply immediately before and immediately after our departure.

“It is not a vehicle for policy changes – but it will give the Government the necessary power to correct or remove the laws that would otherwise not function properly once we have left the EU.”

According to the Commons Library, unravelling EU law will be “one of the largest legislative projects ever undertaken in the UK”.

The Government said that there would be no jurisdiction for the European Court of Justice (ECJ) once the UK has formally left the EU. However, the White Paper acknowledges that ECJ decisions up to the date of leaving will have a bearing over our legislative framework, and that this should remain the case.

It points out that where workers’ rights have been extended by ECJ judgments, those rights will continue to be protected in the UK once we have left the EU.

It added: “In a number of areas, UK employment law already goes further than the minimum standards set out in EU legislation, and this Government will continue to protect and enhance the rights people have at work.

“Furthermore, all the protections covered in the Equality Act 2006, the Equality Act 2010 and equivalent legislation in Northern Ireland will continue to apply once the UK has left the EU.

“This approach will give certainty to service providers and users, as well as employees and employers, creating stability in which the UK can grow and thrive.”

However, Labour MP and shadow Brexit secretary Keir Starmer called for more reassurance that individuals’ rights and protections would not be watered down through new parliamentary powers.

Sign up to our weekly round-up of HR news and guidance

Receive the Personnel Today Direct e-newsletter every Wednesday

OptOut
This field is for validation purposes and should be left unchanged.

He said: “Basic rights and protections should be set down through primary legislation. We must resist the temptation to water these down.”

Davis later added that the Government will not be publishing a draft Great Repeal Bill, as it would with typical legislation. Instead, he said, it would take on board points made during a consultation on the White Paper.

Jo Faragher

Jo Faragher has been an employment and business journalist for 20 years. She regularly contributes to Personnel Today and writes features for a number of national business and membership magazines. Jo is also the author of 'Good Work, Great Technology', published in 2022 by Clink Street Publishing, charting the relationship between effective workplace technology and productive and happy employees. She won the Willis Towers Watson HR journalist of the year award in 2015 and has been highly commended twice.

previous post
ECJ considers holiday carry-over beyond sick leave
next post
Apprenticeship levy and targets will fail to solve skills shortage

You may also like

UK and EU agree to collaborate on ‘youth...

19 May 2025

Minister defends Employment Rights Bill at Acas conference

16 May 2025

CBI chair Soames accuses ministers of not listening...

16 May 2025

EHRC bows to pressure and extends gender consultation

15 May 2025

Contract cleaner loses EAT race discrimination appeal

14 May 2025

Construction workers win compensation claim against defunct employer

9 May 2025

Zero-hours workers’ rights to be extended from beyond...

8 May 2025

Employment tribunal backlog up 23% in a year

7 May 2025

Ministers urged to outlaw misuse of NDAs

7 May 2025

Employment Rights Bill must be tightened to protect...

1 May 2025

  • 2025 Employee Communications Report PROMOTED | HR and leadership...Read more
  • The Majority of Employees Have Their Eyes on Their Next Move PROMOTED | A staggering 65%...Read more
  • Prioritising performance management: Strategies for success (webinar) WEBINAR | In today’s fast-paced...Read more
  • Self-Leadership: The Key to Successful Organisations PROMOTED | Eletive is helping businesses...Read more
  • Retaining Female Talent: Four Ways to Reduce Workplace Drop Out PROMOTED | International Women’s Day...Read more

Personnel Today Jobs
 

Search Jobs

PERSONNEL TODAY

About us
Contact us
Browse all HR topics
Email newsletters
Content feeds
Cookies policy
Privacy policy
Terms and conditions

JOBS

Personnel Today Jobs
Post a job
Why advertise with us?

EVENTS & PRODUCTS

The Personnel Today Awards
The RAD Awards
Employee Benefits
Forum for Expatriate Management
OHW+
Whatmedia

ADVERTISING & PR

Advertising opportunities
Features list 2025

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2025 DVV Media International Ltd

Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+