Theresa May's deal on workers' rights isn't worth the paper it's written on – and Labour MPs should know that

Whatever May promises, Labour MPs must know that May is dependent on the temporary loyalty of the libertarian right of her own party, who view any type of enshrined employment right as a betrayal of the buccaneering Brexit they dream of

This week, the prime minister is bidding for Labour support on her Brexit deal by promising to guarantee workers’ rights. This promise will reportedly include a “non-regression lock” to reassure Labour MPs and trade unions that future governments would be legally tied to a commitment that workers’ rights cannot fall behind those in the European Union.

Her pledge is nonsense and the government must know that. Of the many tenets of parliamentary sovereignty cast aside in the Brexiters’ supposed campaign for parliamentary sovereignty, perhaps the most important is that a parliament cannot be beholden to its predecessors. To suggest otherwise is to deny parliament the power to create or abolish laws. Any kind of lip service to a “non-regression lock” is either a misleading falsehood or a sincere attempt to destroy parliamentary democracy. For now, we’ll credit the prime minister with the former intention.

There is one guarantor of workers’ rights currently in operation. The Charter of Fundamental Rights of the European Union states, “Every worker has the right to working conditions which respect his or her health, safety and dignity” and, “Every worker has the right to a limitation of maximum working hours, to daily and weekly rest periods and to an annual period of paid leave.”

These rights may seem self-evident, but they are under attack from every angle. Internationally, firms such as Uber and Deliveroo are claiming to redefine the relationship between employer and employee as one of happily coinciding interests rather than contractual and legal obligation. But as documented by James Bloodworth in his bestselling book, Hired: Six Months Undercover in Low-Wage Britain, drivers soon found themselves at the bottom of the pile when it came to jobs and their online ratings if they did not dance to the app’s demands at all hours.

It took a ruling from the European Court of Justice, an instrument of the European Union, to establish the idea that even Uber drivers have fundamental employment rights.

Holidays, sick pay, maternity leave, even an acceptable gap between shifts – these are all hard-won rights. The protection that Europe offers to workers is the reason why unions such as the GMB campaigned to stay in Europe during the 2016 referendum, and it’s the reason why they back a people’s vote now.

Whatever May promises, Labour MPs must know that May is dependent on the temporary loyalty of the libertarian right of her own party, which views any type of enshrined employment right as a betrayal of the buccaneering Brexit they dream of. The age of the buccaneer was not noted for its excellent childcare facilities and commitment to equal rights.

When extreme Brexiters talk about “red tape” and “Brussels bureaucracy”, what they mean is sick pay, sensible hours and dependable holidays. It could be the case that Theresa May feels a sincere commitment to workers’ rights outside of the European framework – for now. But the simple fact is that she is not fully in control of her party, and, as we have seen countless times, has a tendency to cave in to threats from the right of the party. In any case, the guarantee is not hers to make: and can you imagine a successor, a prime minister Rees-Mogg or Johnson, honouring her promises?

It should be in Labour politicians’ job description to stand up for workers’ rights. Doing deals with a prime minister hell-bent on delivering Brexit is not the way to go about that. A far better idea is to work with union leaders such as the GMB’s Tim Roache and vote down May’s damaging Brexit deal once and for all.

We are less than a month away from leaving the EU. Yet the prime minister’s plans never seem to stretch beyond the next vote. Commitments are made, then revised and finally forgotten. It is practically demanded of us to believe unrealistic pledges from the Leave campaign, and our own government is acting against the national interest. All of this, just to appease a minority of Conservative MPs who have shown themselves to be well beyond reason.

Labour MPs must act now. In line with the party’s proud tradition of working with unions, the final deal should be subject to a confirmation vote. Labour must unite to vote down Brexit and give the people the Final Say on the deal.

Eloise Todd is co-founder and CEO of Best for Britain