
The Government has issued guidance on rights in the workplace after Brexit, clarifying what needs to be done in the event of the UK leaving the European Union (EU) without a formal deal in place.
It states that in most cases there will be no change to rights in the workplace in the event of a no-deal Brexit, but there will be changes to rules on;
- Membership of European Works Councils (EWC)
- Employer insolvency for UK employees working in the EU
European Works Councils
Under the current system, workers can ask their employer to set up an EWC in order to provide information and consult with employees on any issues that affect workers in two or more European Economic Area countries.
If you are employed in the UK you will not be able to ask your employer to set up an EWC following Brexit. If a request is submitted prior to the UK leaving the EU, then it will still be eligible for completion.
If you are a representative then you be still be allowed to be involved with your firm’s EWC post-Brexit, subject to the agreement of your company. The Government has stated that the enforcement framework, protections and rights in UK European Works Council’s will continue to be available “as far as possible”.
UK firms that have trade unions involved in EWC agreements may need to review their arrangements in a no-deal scenario, according to the Government.
They are encouraging businesses to allow UK workers to be represented on EWCs on a voluntary basis.
The Government has also stated that “The existing rights of employees to be informed and consulted about issues at work will not change after Brexit.”
Employer insolvency
The rights of UK and EU employees in the UK will not change following a no-deal Brexit, according to the Government’s official guidance, which includes protection following the insolvency of your employer.
However, UK employees working in an EU country for a UK employer may have different rights in each country, which is dependent on how the specific country offers protections to non-EU members of the workforce and employers.
The Government is advising any workers in this scenario to check the laws of the country they are working in to ensure that they are prepared in the event of their employer becoming insolvent.
For further information
You can also contact the high commission, British embassy or consulate for more information about the law in any EU country.
You can find further details at the Government’s official guidance page.




























