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How does EU law affect my employment rights?
EU law has had a significant effect on employment law and employee rights in the UK. The EU has the authority to issue Directives in order to further its employment and social policy. EU law has impacted UK employment law on collective redundancies and the duty to consult, redundancy entitlement, health and safety, the rights of temporary agency workers, the rights of part-time and fixed-term contract workers, and data protection. Employment law solicitors can relate all EU employment Directives to any individual business or employee.
In addition, EU law also has provided protection for employees who are transferred to another undertaking through the UK Parliament’s enactment of the Transfer of Undertakings (Protection of Employment) Regulations (TUPE). Anyone involved in a takeover should obtain legal advice to ensure his or her rights are fully protected during the change, such as their redundancy entitlement.
The EU’s Working Time Directive has particularly impacted employment law and employee rights in the UK. The Working Time Directive was incorporated into UK law in 1998 as the Working Time Regulations. These regulations establish the rights of employees to rest breaks and the maximum number of hours they can be made to work in a week.
Employers cannot force employees to work more than 48 hours per week on average. Employees can opt-out of this right but they must opt-out voluntarily and it must be in writing. An employer is not allowed to treat an employee unfairly or dismiss them because they have refused to opt-out of their right. In addition, the Working Time Regulations specify that every employee is entitled to an uninterrupted 24 hour rest period every week, or an uninterrupted 48 hour rest period every two weeks. Any employee that believes this Directive has been broken should consult with an employment lawyer with the view to bringing a possible litigation against their employer.
The Equal Pay Directive states that women and men must receive equal pay for equal work. Equal work is work to which the same value is attached. It is intended to eliminate all gender discrimination with regard to all aspects and conditions of pay. It was incorporated into UK employment law by the Equal Pay Act 1970. Employees that are being discriminated against on the basis of their pay may have grounds to sue their employers. This may include payment such as an employee’s redundancy entitlement. An employment law solicitor can assess their case and provide appropriate advice on the available courses of action.
EU law has significantly impacted anti-discrimination laws in the UK in relation to employment. The Racial Equality Directive and the Employment Equality Act implement the principle of equal treatment in the workplace regardless of racial or ethnic origin, religion or belief, age, sexual orientation, and disability. The UK has enacted a number of anti-discrimination pieces of legislation to implement EU anti-discrimination Directives, such as the Disability Discrimination Act 1992 and the Race Relations Act 1976. Discrimination is taken very seriously in employment law. Any alleged incidents of discrimination could be grounds for compensation. Employment lawyers can represent anyone that does take their case to an Employment Tribunal.