Agency Workers in the Firing Line After Brexit Vote

The most likely implication of the Brexit vote for UK employment law is the revocation of the Agency Workers Regulations 2010 says a leading Midlands employment lawyer. 

Tim Lang of George Green LLP explained “The likely consequences of the Brexit vote in relation to UK employment law will be limited.  The government will be free to make changes to existing Euro derived legislation but it is very unlikely, for example, that the government will remove the protections against discrimination under the Equality Act 2010.  It is also extremely unlikely that rights to paid holiday and family leave and rights relating to business transfers will be revoked.”

Mr Lang continued “We expect to see some tweaks to existing rights to make them more business friendly.  For example, holiday pay is likely to be limited to basic pay rather than including overtime and commission and limits will be placed on accrual of holiday pay while workers are on sick leave.  The 48 hour maximum working hours limit might go and a change to collective redundancy consultations is a possibility - so that employers only need to observe a 30 day consultation period when say over 100 people are at risk of redundancy. There might also be a cap placed on discrimination compensation.”

Mr Lang concludes “The most likely change will be the revocation of the Agency Workers Regulations 2010.  These regulations are unpopular with businesses and the trade unions are unlikely to fight hard to keep them.  The regulations provide rights for agency workers including the right to the same pay and other basic working conditions that equivalent permanent staff have after a 12 week qualifying period and also access to collective facilities and information about employment vacancies from day one of the assignment. These rights are likely to disappear.”

George Green LLP is a leading full service law firm and recognised as such in both Legal 500 and Chambers and Partners. Our lawyers make a difference by helping our clients succeed. We have offices in Cradley Heath and Wolverhampton.