The UK implemented the Directive into national law via the Working Time Regulations 1998 and 1999 (Regulations). However, the Commission claims that UK has not fulfilled its obligations under Community law on 2 grounds.
Application of the Derogation in Article 17(1)
Article 17(1) of the Directive allows Member States to derogate from certain articles of the Directive in cases where due to the nature of the activity, the duration of working time is not measured or set in advance or can be determined by the workers themselves.
The derogation included in the UK’s 1998 Regulations broadly mirrored the terms of Article 17(1) of the Directive. However, 1999 Regulations introduced an amendment which provides for an additional exemption where a person’s working time is partly measured, predetermined or determined by the worker and partly not.
The Commission therefore claims that this amendment goes beyond the boundaries set out in Article 17(1) of the Directive, which applies only to workers whose working time as a whole is not measured or predetermined or can be determined by workers themselves.
Implementation of the provisions relating to workers’ rest periods
The European Working Time Directive lays down minimum periods of daily and weekly rest for every worker.
The UK’s official Guidelines produced by the Department of Trade and Indusrty regarding the implementation of the 1998 Regulations however instruct employers that they are not required to ensure that workers actually benefit from the rest periods to which they are entitled - the employer must merely ensure that there is no obstacle preventing workers who wish to benefit from such rest periods to do so.
According to the Commission, the Guidelines clearly endorse and encourage employers to not comply with the Directive.
Related EPHA articles:
**UPDATED** Revision of the European Working Time Directive
Employment Committee urges repeal of opt-out from Working Time Directive
New ECJ judgement: emergency workers cannot exceed 48 hour working week
