Working Time challenge goes to Europe

The High Court has agreed to refer BECTU's legal challenge to the UK Working Time Regulations directly to Europe.

This reference means that the union's challenge will not be sent through the UK courts first.

Mr Justice Sullivan considered BECTU's application for judicial review of the annual leave provision of the Working Time Regulations on 14 April 1999. Prior to the hearing, BECTU and the UK Government had agreed to to jointly ask the Court to refer the matter directly to the Court of Justice of the European Communities.

BECTU is arguing that all workers should be entitled to paid annual leave from the first day of employment, and not have to wait until completion of 13 weeks of employment before they become entitled to paid leave as the current UK Regulations state.

BECTU believes that the Government is mistaken in the manner in which they have interpreted the EU Working Time Directive.

BECTU's General Secretary Roger Bolton commented: "The fact that the Government jointly agreed to approach the Courts and ask for a direct reference to Europe, which to the best of my knowledge is the first time that the Government have agreed to make such a joint request, is a clear indication there is some merit to the case we are making.

"It will be six to nine months before the European Court considers the matter. The Court is simply being asked to decide whether BECTU's assertion that all workers should be entitled to paid annual leave from day is correct, or whether the Government is correct in their assertion that they can impose a three month qualifying period.

"This challenge is further evidence, if evidence were needed, of BECTU's willingness to take on employers, Government or whoever, to ensure that all workers are treated equally regardless of their contractual status".