Friday, 16 September 2016

Brexit Threatens Equal Laws Between Men and Women

Equality law and developments on equal pay had been "profoundly driven" by Europe. As the UK had voted out of its EU membership, equal pay laws for men and women may find different standard as future governments may attempt to tamper the laws.



The UK government said the Parliament will repeal the equality laws through a vote.

According to Professor Aileen McColgan and Professor Catherine Barnard of Kings College London, the laws would depend on the government of the day.

She said that nothing may change after the UK leaves the EU as most directives was implemented by 
UK law.

"But on another level it means there would be no underpinning or demand for maintenance of the current provisions, so... it is very troubling as the whole thing could be knocked away", she told MPs.

"My particular concern would be about equal pay... because it's probably economically rational to pay women as little as you can get away and if you don't have strong legislative provisions to prevent that, that is one of the areas that could be very problematic."

Catherine Barnard, professor of European law at Cambridge University, told MPs it would be very difficult for a government to repeal protections against discrimination on the grounds of sexual orientation or religion and belief, as it was "so politically sensitive".

If the UK opted for a Norway-style model, and remained a member of the European Economic Area, 
EU laws would continue to apply, Prof Barnard said.

"More difficult is if there is no model at all or a really hard Brexit," she added, as the UK would "lose EU law acting as this floor" and lobby groups were worried that a government may then "decide to lower the standards".


It could be "a complete free-for-all as far as employment law and equality legislation are concerned", she said, as it would be "for the government to decide which rules it wanted to keep" - although she acknowledged any changes would require parliamentary approval.