The Employment Rights (Amendment) (Northern Ireland) (EU Exit) Regulations 2019

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers conferred by section 8(1) of, and Schedule 7 to the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures of retained European Union (EU) law to operate effectively and other deficiencies (in particular under paragraphs (a), (d), (e) and (g) of section 8(2) of that Act) arising from the withdrawal of the United Kingdom (UK) from the EU. The powers in section 2(2) of the European Communities Act 1972 are relied upon to make amendments to correct existing technical inaccuracies in the current legislation (these amendments are made by paragraphs 5(2)(c) and 8(2)(c) of the Schedule).

These Regulations make amendments to legislation in the field of employment rights.

The Schedule contains amendments to primary and secondary legislation extending to Northern Ireland. The amendments to primary legislation include the repeal of existing powers to make regulations to implement or deal with matters arising out of or related to the UK’s obligations under certain EU Directives (which concern provision for parental leave, part time workers, fixed term work and information and consultation). Amendments are also made to secondary legislation to amend or remove references that relate to the UK’s membership of the EU. The saving provision in Part 3 of the Schedule, ensures that these amendments do not affect the validity of any regulations, that came into force before exit day and were made under those Acts or Orders amended by Part 1.

A full impact assessment has not been produced for this instrument as no, or no significant impact on the private, voluntary or public sector is foreseen.