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On 23 August 2018 amid widespread speculation over the likelihood that the UK leaves the EU on 29 March 2019 with a negotiated Brexit deal, the UK government published a document entitled ‘Workplace rights if there’s no Brexit deal’. In it the government promises to maintain workers’ rights even if the Brexit negotiations fail. In a no-deal situation then some legislation changes will occur and these will only be in order to maintain identical workplace rights, explained Dominic Raab, Brexit secretary, who also held that ‘we already go much further than the EU’. So what does the document have to say will be the impact on the UK workplace post a no-deal Brexit? Those working in Europe for UK companies may no longer be eligible for guaranteed salary compensation if their employer becomes insolvent. The future for EWCs (c.f. article No. 9905) set up post a no-deal Brexit is also in the balance. The UK government document, which raises more questions than it does deliver answers, states that ‘the legal framework which applies to European works councils will require a reciprocity agreement with the EU so that they can continue to operate in their current form in the UK’. It is hard to say more given that the document does not delve into any greater detail. The reciprocity agreement could serve for example to regulate the outcome for UK representatives sitting on EWCs. The document also adds that UK law will be amended so that no new requests for the setting up of EWCs can be made and that EWCs operating under UK law can be maintained. Similarly the UK government guarantees that EWC establishment requests that are pending prior to Brexit can progress to completion.
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