BECTU Wins Fight Over Working Time Directive

The Broadcasting, Entertainment, Cinematograph and Theatre Union (BECTU) has defeated the UK Government at the European Court of Justice over the UK’s implementation of the Working Time Directive. The UK’s Working Time Regulations 1998, which implements the Directive, entitles workers to a minimum of 20 days paid leave each year. But employees are not entitled to the leave until they have completed a qualifying period of 13 continuous weeks with the same employer. This means that many freelance and contract workers who work for less than 13 weeks have been denied a right to take paid leave.

BECTU launched a legal challenge to the UK legislation and on 26 June 2001 the European Court of Justice (ECJ) accepted the opinion of the Advocate General of the ECJ, which stated that national governments may not exclude groups of workers from the rights that the directive gives them. The judgment effectively extends the entitlement to paid leave to all workers from their first day of employment. Later the same day the Department of Trade and Industry (DTI), which is responsible for the Working Time Regulations, announced an urgent consultation on regulations to amend those already in place and corresponding guidance. The amended Regulations will not mean that workers will be able to take four weeks paid leave from their first day of employment, but if the employment ends during the first 13 weeks they will be able to claim for leave which has been accrued but not taken during this period. The consultation will propose a system of accrual, providing one-twelfth of the annual entitlement in each month, rounded to the nearest full day. This means that an employee could take two days after one month.

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