Both the UK and EU have agreed to not weaken or reduce employment rights below the standards in place as of December 31, 2020 in a manner which affects trade or investment. However, the UK may now diverge from EU employment laws, with "appropriate rebalancing measures" implemented by the EU in response to significant divergences.

There are also separate commitments in the road transport section of the deal to comply with rules on working time, rest and break periods for drivers transporting goods between the UK and EU.

EU legislations such as TUPE and the Working Time Regulations will stay in force but be interpreted in conformity with the relevant EU law. UK courts are now free to diverge from EU decisions, however.

If the UK does not have in place measures which are broadly equivalent to future EU employment protections, the EU may seek to apply rebalancing measures, but only if this materially impacts trade or investment.

What about immigration law?

The agreement between the UK and the EU has resulted in some minor changes to the UK's immigration rules. The main change has been to the International Agreement Worker route for workers coming to the UK on a temporary basis for specific purposes.

Under the "contractual service supplier" and "independent professionals supplying services" sub-categories the maximum length of stay is now 12 months for EU nationals (and Swiss nationals and permanent residents).

In addition, commitments made in the agreement have resulted in the following permitted activities being added to immigration rules for all visitors to the UK:

Visitors may conduct market research or analysis for their employment overseas

Researchers can conduct independent research for their employment overseas

Translators and interpreters employed overseas will be able to translate and interpret in the UK.