To what extent will Brexit have an impact on employment law regarding Equal Pay in the UK?
Cardiff Metropolitan University
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The aim of this research paper was to analyse the impact that the UK existing the European Union would have on employment rights regarding equal pay. The UK joined the European Union in 1973. By joining, the UK became one of the member states bound by the European Union Treaties that set out the obligations and privileges of being a member, It’s main aim is to keep the peace between the member states. Regardless of all the benefits and privileges of this membership, the people of the UK chose to leave the European Union(EU). The referendum took place on 23rd June 2016 with 51.9% voters voting in favour of leaving. The supremacy of Parliament played a massive role in answering this research question. It was vital to analyse the UK’s constitution to understand the relationship between the UK and European Union and to come to the conclusion that EU law had the power to override domestic law because Parliament gave the European Union that power. The rights regarding equal pay in the UK pre-dates those of the EU and although the Equality Act 2010 is a British statute passed by Parliament, it has been heavily influenced and embedded by EU law. As it has already been passed by Parliament, it is unlikely that changes will be made to the rights in the Equality Act 2010 regarding equal pay. This led to the analysis of Treaties as these are primary sources of EU law and directly applicable in the UK without parliament having to pass it. The rights from treaties such as article 157 TFEU providing extra protection to women regarding equal pay will not be applicable in the UK once they have completely existed from the EU. In conclusion, it is unlikely that changes will be made to the Equality Act 2010 however the European Communities Act 1972 will be repealed. The rights coming from treaties will not apply in the UK after its exit from the European Union but that does not mean that the citizens of the UK will be put at a disadvantage The UK government has already promised that the Great Repeal Bill will not only maintain the protection of workers rights but to enhance them.
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