Health and Safety Law 2020 (August 2020)

Chapter 2

Other key changes and developments

[ch 2: pages 35-36]

• The government confirmed that the transition period for negotiating the future relationship with the European Union (EU) will end on 31 December 2020. It rejected a petition asking it to extend it for two years to concentrate on the coronavirus crisis.

• The government also dropped proposals to ensure convergence between UK law and EU Directives relating to employment rights, including health and safety, from the Withdrawal Agreement. This has prompted trade unions fears that future trade agreements with non-EU countries could weaken UK health and safety standards.

• All UK civil courts — not just the Supreme Court — will be able to roll back European Court of Justice (ECJ) rulings after the transition period. This could have a significant impact on the way EU-derived health and safety law is interpreted in the UK as the ECJ has consistently interpreted European health and safety legislation more broadly than the UK courts.


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