Workplace Rules 2021 UK Guidance

Changes to rules

In most cases there will be no changes to workplace rights from 1 January 2021.

However, there will be some changes to rules on:

  • employer insolvency for UK employees working in the EU
  • membership of European Works Councils

Employer insolvency

UK and EU employees working in the UK

The rights of UK and EU employees working in the UK will not change from 1 January 2021. You will still be protected if your employer becomes insolvent.

UK employees working in an EU country for a UK employer

If your employer becomes insolvent you may still be protected by the national guarantee fund established in the EU country in which you work. However, your rights may differ in each country depending on how that country extends protections to non-EU employers and employees.

Check the law of the country you’re working in, to make sure you know what will happen if your employer becomes insolvent. Contact the relevant British embassy, high commission or consulate for more information about the law in a particular EU country.

European Works Councils

Currently workers can ask their employer to set up a European Works Council (EWC) to provide information and consult with employees on issues affecting employees in 2 or more European Economic Area countries.

UK employees

If you are employed in the UK you will no longer be able to ask your employer to set up an EWC from 1 January 2021. However, if a request to set up an EWC is submitted before 1 January 2021 it will be allowed to complete.

If you’re currently a representative, you may be able to be involved with your company’s EWC from 1 January 2021 if your company agrees. We will make sure the enforcement framework, rights and protections for employees in UK EWCs are still available as far as possible.

UK businesses and trade unions

UK businesses with an existing EWC, and trade unions that are involved in EWC agreements, may need to review those agreements from 1 January 2021. We would encourage businesses to continue to allow UK workers to be represented on EWCs on a voluntary basis.

The existing rights of employees to be informed and consulted about issues at work will not change from 1 January 2021.

More information

Published 8 August 2019