Posted workers—employment rights
Produced in partnership with Edward Kemp of Littleton Chambers

The following Employment practice note produced in partnership with Edward Kemp of Littleton Chambers provides comprehensive and up to date legal information covering:

  • Posted workers—employment rights
  • Brexit impact
  • Overview of impact of IP completion day
  • Posting workers from 1 January 2021
  • Immigration requirements apply
  • European Commission’s notice to stakeholders: the UK as a third country
  • Right to provide services
  • Social security rights and contributions
  • Effect of the PWD
  • Definition of 'posted worker'
  • More...

Posted workers—employment rights

This Practice Note examines the Posted Workers Directive, 96/71/EC (PWD) in the context of cross-border, international and jurisdictional issues. The PWD no longer applies to workers posted to the EU from the UK, or posted from the EU to the UK, on or after 1 January 2021. The Practice Note:

  1. outlines the impact of Brexit on this topic (see: Brexit impact, below)

  2. outlines the issues to be considered when posting a worker on after that date (see: Posting workers from 1 January 2021, below)

The remainder of the Practice Note considers the position before 1 January 2021, and is retained for reference.

Brexit impact

From exit day (31 January 2020) the UK ceased to be an EU Member State but, in accordance with the transitional arrangements provided in the Withdrawal Agreement, the UK was in an implementation period (IP) until 11pm on 31 December 2020, known as ‘IP completion day’. During this period, the UK continued to be treated by the EU as a Member State for many purposes. While it could not participate in the political institutions and governance structures of the EU, the UK had to continue to adhere to its obligations under EU law (including EU treaties, legislation, principles and international agreements) and submit to the continuing jurisdiction of the Court of Justice of the European Union (CJEU or ECJ).

The repeal

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