Are you aware that the UK can depart from EU employment law in the future, subject to the “level playing field” provision in the trade deal?

29th March 2021

Are you aware that the UK can depart from EU employment law in the future, subject to the “level playing field” provision in the trade deal?

What does Brexit say

Any changes to labour standards should not impact trade or investment.

What do we say

While there have not been any immediate changes to employment legislation as a result of the exit, the UK can depart from EU employment law in the future, subject to the “level playing field” provision in the trade deal.

This is a commitment that both the UK and the EU will not weaken or reduce labour standards below the levels in place at the end of the transition period in a manner which affects trade or investment.  It is not clear what level of change in employment rights might be considered to “affect trade and investment” – and there have been some reports that the government already has plans to make changes.  We will keep you updated on further developments.