Brexit and working time

Unions are concerned that the UK’s exit from the EU could lead to the erosion of rights to paid holidays and proper breaks. They are among the workers’ rights most at risk from the UK’s decision to leave the EU. Public services union UNISON points out that the European Court of Justice (ECJ) has consistently interpreted the Working Time Directive (WTD) more broadly than UK courts, focusing on the importance of workers’ health and safety.

Without the WTD, there would be almost no legal protection against long hours of work in the UK, and no legal requirements for rest or paid holiday.

Under the terms of the EU-UK Withdrawal Agreement, the UK must continue to follow the WTD and all ECJ rulings until the end of the Brexit transition period (expected to be 31 December 2020). These include the key court rulings secured by unions to improve workers’ rights to paid holiday, explained later in this Chapter.

Once the Brexit transition period ends, subject to the terms of any trade agreement reached with the EU, the UK will be free to weaken or remove working time rights, and employment tribunals will no longer be required to follow ECJ rulings on working time.

The TUC continues to campaign to keep all the hard-won workers’ rights that come from the EU, including working time rights, and to make sure UK workers get the same rights as workers in the EU into the future.