Government consultation on Measures to implement the provisions of the Working Time Directive and the Young Workers Directive (April 1998)
The implementation of the Working Time Directive and the Young Workers Directive is long overdue. The Directives should have been introduced into UK law in November 1996.
The Conservative government made no real effort to do so. It pinned its hopes on fighting a European Court of Justice case which it comprehensively lost ten days before the Directive had to be implemented.
The Labour government has found the issue sufficiently complex or controversial to delay its proposals until eleven months after the election, with a proposed implementation date of 1 October 1998. This leaves open the possibility of claims against the Government or public sector employers by workers who have lost out through the failure to implement the Directives in 1996.
The delay has fuelled speculation on the content of the proposals. The Public Consultation document issued on 8 April 1998 shows a number of welcome improvements from the Conservative proposals ( see Issue 8 of LELR, Stretching the meaning of time ) , but there are shortcomings and, in some respects, missed opportunities.
Thompsons will be producing a formal response to the Government's proposals and to be circulated to trade unions. In this article, we comment on the main aspects of the proposals and issues of particular interest or controversy.
References to Regulations are to the draft Working Time Regulations 1998.