The Employment Rights (Amendment) (EU Exit) (No. 2) Regulations 2019

• Citation: S.I. 2019/536
• Sections: 6

Section 1 Citation, commencement and extent

(1) These Regulations may be cited as the Employment Rights (Amendment) (EU Exit) (No. 2) Regulations 2019 and come into force on exit day.

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

Section 2 Amendments to employment rights legislation

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

Section 1 The Employment Relations Act 1999

In section 38 (transfer of undertakings) of the Employment Relations Act 1999 for subsections (1) and (2) substitute—

(1) The Secretary of State may by regulations make TUPE-like provision in relation to the treatment of employees in circumstances other than those to which the main part of the TUPE regulations applies.

(2) In this section—

(a) the “main part of the TUPE regulations” means so much of the Transfer of Undertakings (Protection of Employment) Regulations 2006 ( S.I. 2006/246 ) as relates to the treatment of employees on the transfer of an undertaking, business or part of an undertaking or business;

(b) “TUPE-like provision” means provision which is the same or similar to that made by the main part of the TUPE regulations.

(2A) The circumstances mentioned in subsection (1) include circumstances in which there is no transfer, or no transfer to which the main part of the TUPE regulations applies.

Section 2 The Work and Families Act 2006

In section 13 of the Work and Families Act 2006 (annual leave)—

(a) omit subsection (2)(g),

(b) omit subsection (4)(b), and

(c) in subsection (8), omit the definition of “the 1972 Act”.

Section 3 Conduct of Employment Agencies and Employment Businesses Regulations 2003

In Regulation 27A (advertising in other EEA states) of the Conduct of Employment Agencies and Employment Businesses Regulations 2003 —

(a) in the introductory words of paragraph (1) omit “other than the United Kingdom”; and

(b) in the heading and in paragraph (1)(a) and (b) omit “other” at each place it appears.

Section 4

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.