The fact of Brexit on 31 December 2020 does not amend or repeal the rights and protections afforded to commercial agents under English law, by virtue of the Commercial Agents (Council Directive) Regulations 1993.
The above is on account of the European Union (Withdrawal) Act 2018 (‘EU(W)A’), which Act preserves the status quo of agents’ rights going forward. In this regard, section 2(1) of the 2018 Act (as amended by section 25(1) of the European Union (Withdrawal Agreement) Act 2020) provides:-
‘EU-derived domestic legislation, as it has effect in domestic law immediately before IP completion day [i.e.: – 11pm on 31 December 2020], continues to have effect in domestic law on and after IP completion day’.
By section 7 of the EU(W)A, anything which is ‘retained EU law’ (as defined by section 6(7) to include ‘EU-derived law’) cannot (post Brexit) subsequently then be amended other than by an Act of Parliament, or by secondary legislation.
The Commercial Agents Regulations, post Brexit, will therefore basically continue to operate and be effective in this Country, unless and until, at any appropriate juncture in the future, the law changes in any significant way (and any such decision to make any significant changes will obviously reflect a number of different considerations).
Further to the above, there has also just now recently been published the Trade And Cooperation Agreement between the EU and the UK, and that (in Article 6.2.2 of Title XI of Part Two) provides that the Parties (i.e.:- the EU and the UK) shall not ‘weaken or reduce, in a manner affecting trade or investment between the Parties, its labour or social levels of protection below the levels in place at the end of the transition period [i.e.:- 31 December 2020], including by failing to effectively enforce its law and standards’. Whereas a lot will depend on policy, any resultant future decisions taken by the UK Parliament and also interpretation of this new Trade And Cooperation Agreement (including as to what action taken by the UK might be interpreted as ‘affecting trade or investment’ with the EU), it appears that, in general terms, the maintenance of the ‘level playing field’ extends to all workers’ rights.
