Working Time legal challenge go-ahead

The High Court has given the go-ahead to a legal challenge to the UK Working Time Regulations by BECTU.

The move by the union could force the Government to rewrite the regulations.

Mr Justice Turner granted leave for a judicial review of the regulations. The Department of Trade and Industry was not represented, but did not oppose a hearing which should take place within the next three to six months.

The European Union's Working Time Directive gives every worker the right to three weeks paid annual leave, rising to four weeks from November 1999. But the UK regulations restrict this right to people who have worked for more than 13 weeks continuously for the same employer.

This excludes hundreds of thousands of freelance workers and those on contracts of less than 13 weeks. The Directive contains no such exclusion.

BECTU Deputy General Secretary Roy Lockett said: "The regulations exclude many freelance and contract workers from holiday rights granted by the Directive. BECTU has around 15,000 members who will lose out and there are thousands of workers across British industry in the same situation.

"British workers have a right to the same minimum holiday entitlements as other freelance and contract workers across Europe. The 13-week qualifying period is in breach of European law and we are taking action to ensure that legal rights are enforced. Penalising this exemplary and flexible workforce is irrational and unjust."

The Working Time Regulations were introduced into UK law on 1 October 1998, and this is the first legal challenge to the regulations. The date for a full hearing will be announced later this year.

At issue is Regulation 13(7) of the Working Time Regulations and Article 7 of the Working Time Directive