Are the P&O Ferries mass sackings a result of Brexit?
To the layperson, the unceremonious sacking of 800 P&O Ferries workers may look like a consequence of Britain leaving the EU, with any legal action by the trade unions turning into the first big test of workers’ rights post-Brexit.
Despite Boris Johnson’s assurances that Britain’s departure from the EU would be better for UK workers, there have been fears it would be seen by the government as an opportunity to erode workers’ rights in a bid to increase competitiveness.
However, the reality is that, so far at least, there has been no derogation from EU employment rights and the scope for any backsliding is limited. Contained within the trade and cooperation agreement with the EU, there is a non-regression clause, under which Britain agreed not to reduce employment rights below the standards existing on 31 December 2020 in a manner that would affect trade or investment. The EU could take retaliatory measures such as tariffs if trade or investment were affected and could also legally challenge the regression before a panel of experts.
John Bowers QC, a leading employment barrister and principal of Brasenose college, Oxford, said: “Although the government’s huffed and puffed about changing the law, so far they haven’t. The straightforward statutory redundancy law is purely UK, it’s the redundancy consultation [law] that is EU-related and we haven’t changed that.
Andrea London, a partner in law firm Winckworth Sherwood’s employment team, said Brexit was a “red herring”. She said the EU collective redundancies directive was implemented in the UK by a primary act of parliament which “gold-plated” (went beyond) the EU legislation, adding: “Given its longevity and trade union backing, it is firmly entrenched in the UK employment law
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