The Employment Rights (Amendment) (EU Exit) Regulations 2019

• Citation: S.I. 2019/535
• Sections: 65

Section 1 Citation, commencement and extent

(1) These Regulations may be cited as the Employment Rights (Amendment) (EU Exit) Regulations 2019 and come into force on exit day, subject to paragraph (2).

(2) The following provisions of these Regulations come into force the day after the day on which these Regulations are made—

(a) this regulation;

(b) in Schedule 1—

(i) paragraph 9,

(ii) paragraph 11(c), and

(iii) paragraph 16(c);

and regulation 2(1), as it relates to those provisions.

(3) Any amendment by these Regulations of an enactment has the same extent as the enactment amended.

Section 2 Amendments to employment rights legislation

(1) Schedule 1 (which amends employment rights legislation extending to England and Wales and Scotland, and contains a saving provision) has effect.

(2) Schedule 2 (which amends the Transnational Information and Consultation of Employees Regulations 1999 which extend to the whole of the United Kingdom, and contains saving and transitional provisions) has effect.

Section 1 The Employment Rights Act 1996

The Employment Rights Act 1996 is amended as follows.

Section 2 The Employment Rights Act 1996

In section 79 (entitlement to parental leave - supplemental) omit subsection (3).

Section 3 The Employment Rights Act 1996

In Schedule 2, in paragraph 10 (validity of provisions deriving from certain regulations) at the end insert “before the repeal of that subsection by section 1 of the European Union (Withdrawal) Act 2018” .

Section 4 The Employment Relations Act 1999

In section 19 of the Employment Relations Act 1999 (part-time work) omit subsection (4).

Section 5 The Employment Act 2002

In section 45 of the Employment Act 2002 (fixed-term work) omit subsection (4).

Section 6 The Employment Relations Act 2004

In section 42 of the Employment Relations Act 2004 (information and consultation)—

(a) omit subsection (5);

(b) in subsection (6) for “(2) to (5)” substitute “(2) to (4)”.

Section 7 The Working Time Regulations 1998

The Working Time Regulations 1998 are amended as follows.

Section 8 The Working Time Regulations 1998

In regulation 18 (excluded sectors)—

(a) in paragraph (2)—

(i) after sub-paragraph (a) insert—

(aa) to workers to whom the Civil Aviation (Working Time) Regulations 2004 apply;

(ii) omit sub-paragraph (b);

(b) in paragraph (4) for the words from “ Directive 2002/15/EC ” to the end substitute “the Road Transport (Working Time) Regulations 2005 apply”.

Section 9 The Working Time Regulations 1998

In regulation 28(1) (enforcement) in the definition of “relevant road transport worker” for “Council Regulation ( EEC ) 3820/85 ” substitute “Council Regulation (EC) No 561/2006 ”.

Section 10 The Statutory Paternity Pay and Statutory Adoption Pay (Persons Abroad and Mariners) Regulations 2002

The Statutory Paternity Pay and Statutory Adoption Pay (Persons Abroad and Mariners) Regulations 2002 are amended as follows.

Section 11 The Statutory Paternity Pay and Statutory Adoption Pay (Persons Abroad and Mariners) Regulations 2002

In regulation 3 (treatment of persons in other EEA States as employees)—

(a) in the heading omit “other”;

(b) in sub-paragraph (a) omit the words “other than the United Kingdom”;

(c) in sub-paragraph (b) after “1408/71” insert “as amended from time to time or Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 as amended from time to time on the coordination of social security systems”.

Section 12 The Statutory Paternity Pay and Statutory Adoption Pay (Persons Abroad and Mariners) Regulations 2002

In regulation 5 (entitlement to statutory paternity pay where person has worked in an EEA State)—

(a) in paragraph (1)—

(i) in sub-paragraph (b) for “another” substitute “an”;

(ii) for “the other EEA” substitute “the EEA”;

(b) in paragraph (2)—

(i) in sub-paragraph (b) for “another” substitute “an”;

(ii) for “the other EEA” substitute “the EEA”.

Section 13 The Statutory Paternity Pay and Statutory Adoption Pay (Persons Abroad and Mariners) Regulations 2002

In regulation 6 (entitlement to statutory adoption pay where person has worked in an EEA State)—

(a) in paragraph (b) for “another” substitute “an”;

(b) for “the other EEA” substitute “the EEA”.

Section 14 Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013

In Schedule 1 (employment tribunals rules of procedure) to the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 —

(a) omit paragraph 33 (evidence from other EU Member States);

(b) omit paragraph 100 (references to the Court of Justice of the European Union).

Section 15 The Statutory Shared Parental Pay (Persons Abroad and Mariners) Regulations 2014

The Statutory Shared Parental Pay (Persons Abroad and Mariners) Regulations 2014 are amended as follows.

Section 16 The Statutory Shared Parental Pay (Persons Abroad and Mariners) Regulations 2014

In regulation 5 (treatment of persons in other EEA States as employees)—

(a) in the heading omit “other”;

(b) in sub-paragraph (a) omit “other than the United Kingdom”;

(c) in sub-paragraph (b) after “1408/71” insert “as amended from time to time or Regulation ( EC ) 883/2004 of the European Parliament and of the Council of 29 April 2004 as amended from time to time on the coordination of social security systems”.

Section 17 The Statutory Shared Parental Pay (Persons Abroad and Mariners) Regulations 2014

In regulation 7 (entitlement to statutory shared parental pay where person has worked in an EEA State)—

(a) in paragraph (1)—

(i) in sub-paragraph (c), for “another” substitute “an”;

(ii) for “the other EEA” substitute “the EEA”;

(b) in paragraph (2)—

(i) in sub-paragraph (c), for “another” substitute “an”;

(ii) for “the other EEA” substitute “the EEA”.

Section 18 The Statutory Shared Parental Pay (Persons Abroad and Mariners) Regulations 2014

In Schedule 2 (modifications for adoptions from overseas) in paragraph 6(1), in the modified version of regulation 7(1)(2)—

(a) in sub-paragraph (c), for “another” substitute “an”;

(b) for “the other EEA” substitute “the EEA”.

Section 19 The Posted Workers (Enforcement of Employment Rights) Regulations 2016

The Posted Workers (Enforcement of Employment Rights) Regulations 2016 are amended as follows.

Section 20 The Posted Workers (Enforcement of Employment Rights) Regulations 2016

(1) Regulation 4 (scope of application of Part 2) is amended as follows.

(2) In paragraph (2)—

(a) for the definition of “employer” substitute—

“employer” means a service provider established in the United Kingdom or a Member State which posts or hires out workers in a manner described by paragraph 3 of Article 1 of Directive 96/71/EC ;

(b) in the definition of “posted worker in the construction sector”, in paragraph (a), omit “other than the United Kingdom”.

(3) After paragraph (2) insert—

(3) For the purposes of the definition of “employer” in paragraph (2), paragraph 3 of Article 1 of Directive 96/71/EC is to be read as if—

(a) in point (a)—

(i) after “post workers to” there were inserted “the United Kingdom or”;

(ii) after “operating in” there were inserted “the United Kingdom or”;

(b) in point (b), after “by the group in” there were inserted “the United Kingdom or”;

(c) in point (c), after “operating in” there were inserted “the United Kingdom or”.

Section 21 The Posted Workers (Enforcement of Employment Rights) Regulations 2016

In regulation 11 (cross-border enforcement of financial penalties) omit “other than the United Kingdom” in each place it occurs.

Section 22

The amendments made by Part 1 of this Schedule do not affect the validity of any regulations that came into force before exit day and were made under any of the Acts amended by that Part.

Section 1 Amendments to the Regulations

The Transnational Information and Consultation of Employees Regulations 1999 are amended as follows.

Section 2 Amendments to the Regulations

Throughout the Regulations in each place they occur—

(a) for “Member State” substitute “Relevant State”;

(b) for “Member States” substitute “Relevant States”.

Section 3 Amendments to the Regulations

In regulation 2 (interpretation)—

(a) In paragraph (1)—

(i) for the definition of “European Works Council” substitute—

“European Works Council” means the council, established—

before exit day under and in accordance with regulation 17, or regulation 18 and the provisions of the Schedule, or

where appropriate, under and in accordance with the provisions of the law or practice of a Relevant State other than the United Kingdom which are designed to give effect to Article 6 of, or Article 7 of and the Annex to, the Transnational Information and Consultation Directive,

with the purpose of informing and consulting employees;

(ii) in the definition of “information and consultation procedure” after “regulation 17” insert “before exit day”;

(iii) omit the definition of “Member State”;

(iv) after the definition of “relevant date” insert—

“Relevant State” means―

a state which is a Contracting Party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993; and

the United Kingdom;

(v) in the definition of “special negotiating body” after “established” insert “before exit day”;

(vi) in the definition of “ UK management” for “is, or would be,” substitute “before exit day was, or would have been,”;

(vii) omit the definition of “UK member of the special negotiating body”;

(b) in paragraph (3) for “regulations 6, 13 to 15” substitute “regulation 6”;

(c) in paragraph (4) omit “regulations 13 and 15 and”;

(d) in paragraph (4B)—

(i) omit sub-paragraph (a);

(ii) in sub-paragraphs (b) and (c) for “regulations 17(4)(c) and” substitute “regulation”;

(e) in paragraph (5) for “are designed” substitute “were designed”.

Section 4 Amendments to the Regulations

In regulation 3(4) (controlled and controlling undertaking)—

(a) for “referred to” substitute “described”;

(b) at the end insert “(whether or not the Regulation applies to that company)”.

Section 5 Amendments to the Regulations

In regulation 4 (circumstances in which provisions of these Regulations apply)—

(a) in paragraph (1) for “7 to 41” substitute “17 to 41”;

(b) in paragraph (2) omit sub-paragraphs (a) and (b).

Section 6 Amendments to the Regulations

In regulation 5 (the central management)—

(a) in paragraph (1)—

(i) for the words before sub-paragraph (a) substitute “This regulation applies where”;

(ii) omit sub-paragraph (a)

(iii) omit the words from “and the central management initiates” to the end;

(b) in paragraph (2), for “the circumstances described in paragraph (1)(b) or (1)(c) apply” substitute “this regulation applies”.

Section 7 Amendments to the Regulations

In the heading for Part 2, omit the words from “& Request” to the end.

Section 8 Amendments to the Regulations

In regulation 6(4) (calculation of employee numbers)—

(a) omit “7 to 10, 19F”;

(b) for sub-paragraphs (a) and (b) substitute—

(a) where a request under regulation 7 was made before exit day but no valid request under regulation 9 was made before that day, the last day of the month preceding the month in which the request under regulation 7 was made;

(b) where a valid request under regulation 9 was made before exit day (whether or not a request under regulation 7 was made), the last day of the month preceding the month in which the request under regulation 9 was made.

Section 9 Amendments to the Regulations

Omit regulations 7 to 10 (requests for information and to negotiate establishment of a European Works Council or information and consultation procedure).

Section 10 Amendments to the Regulations

Omit Part 3 (regulations 11 to 15: special negotiating body).

Section 11 Amendments to the Regulations

Omit regulation 16 (negotiation procedure).

Section 12 Amendments to the Regulations

In regulation 17 (content and scope of a European Works Council agreement and information and consultation procedure) omit paragraphs (1) to (8).

Section 13 Amendments to the Regulations

For regulation 18 (subsidiary requirements) substitute—

Subsidiary requirements

(18) The provisions of the Schedule continue to apply on and after exit day in any case where they applied before exit day.

Section 14 Amendments to the Regulations

In regulation 18A(1)(a) and (b) (information and consultation) after “established”, in each place it occurs, insert “before exit day”.

Section 15 Amendments to the Regulations

In regulation 19B(1) (right to training for members of a European Works Council, etc ) omit sub-paragraph (a) (and the word “or” after it).

Section 16 Amendments to the Regulations

In regulation 19E(1)(a) (links between information and consultation of European Works Council and national employee representation bodies) for “have been made” substitute “were made before exit day”.

Section 17 Amendments to the Regulations

Omit regulation 19F (adaptation).

Section 18 Amendments to the Regulations

In regulation 20 (failure to establish European Works Council or information and consultation procedure)—

(a) before paragraph (1) insert—

(A1) In this regulation the central management and the special negotiating body are referred to as “the parties”.

(b) in paragraph (1)—

(i) in sub-paragraph (a) after “agreement” insert “before exit day”;

(ii) also in sub-paragraph (a), after “applies” insert “before exit day”;

(iii) in sub paragraph (b) after “agreement” insert “made before exit day”;

(c) in paragraph (4) after “agreement” insert “made before exit day”;

(d) In paragraph (5)—

(i) in sub-paragraph (a)—

(aa) after “no application” insert “before exit day”;

(bb) after “an application” insert “before exit day”;

(cc) after “(3)” insert “that applied before exit day”;

(ii) in sub-paragraph (b) after “application” insert “before exit day”.

Section 19 Amendments to the Regulations

In regulation 21 (disputes about operation of European Works Council or information and consultation procedure)—

(a) in paragraphs (1)(a) and 1(b) after “established” insert “before exit day”;

(b) in paragraphs (1A)(a) and (4) after “agreement” insert “made before exit day”.

Section 20 Amendments to the Regulations

In regulation 21A (disputes about failures of management)—

(a) in paragraph (1)—

(i) omit sub-paragraph (a);

(ii) in sub-paragraph (c) omit “a member of a special negotiating body or”;

(b) in paragraph (3) omit “16(1A),”;

(c) in paragraph (10)(c)—

(i) omit paragraph (i);

(ii) in paragraph (iii) omit “a member of the special negotiating body or”.

Section 21 Amendments to the Regulations

In regulation 25 (right to time off for members of a European Works Council, etc)—

(a) in paragraph (1) omit sub-paragraph (a);

(b) in paragraph (1A) omit sub-paragraph (a).

Section 22 Amendments to the Regulations

In regulation 34 (Appeal Tribunal: jurisdiction)—

(a) omit paragraph (2);

(b) in paragraph (3) omit “regulation 13 or 15 or”.

Section 23 Amendments to the Regulations

In regulation 36 (Industrial Court: jurisdiction)—

(a) in paragraph (2) omit “10,”;

(b) omit paragraph (3);

(c) in paragraph (4)—

(i) omit “regulation 13 or 15 or”;

(ii) omit “those regulations or”.

Section 24 Amendments to the Regulations

In regulation 38 ( CAC : proceedings)—

(a) omit paragraph (5);

(b) in paragraph (6) omit “regulation 13 or 15 or”.

Section 25 Amendments to the Regulations

In regulation 42 (Article 6 agreements)—

(a) in paragraph (1)(a) after “made” insert “before exit day”;

(b) in paragraph (3) after “made” insert “before exit day”.

Section 26 Amendments to the Regulations

In regulation 43 (Article 7 European Works Councils)—

(a) in paragraph (1)(a) after “made” insert “before exit day”;

(b) in paragraph (3) after “established” insert “before exit day”.