Employment Law

Zahn, Rebecca (2016) Employment Law. Scottish Universities' Legal Network on Europe, Glasgow.

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Abstract

The EU has an impact on workers in a number of different ways. First, Article 45 of the Treaty on the Functioning of the European Union (TFEU) guarantees the free movement of workers. This includes the principle of equal treatment as between EU workers and national workers. Second, European employment laws underpin key aspects of UK employment law. These include substantial equality rights and protections for individual and, to a lesser extent, collective rights. The EU does not have competence to legislate in the areas of, for example, pay, unfair dismissal protection1 or most areas of collective labour law. This section first provides an overview of the key rights that are protected and are therefore at risk following the UK’s exit from the EU. It also identifies the main EU and implementing legal sources. The section then considers how Scotland may continue to protect these rights.

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