Low Pay Unit Response to the DTI Consultation Paper on Working Time Regulations

Summary

The Low Pay Unit welcomes the Government's swift response to the ECJ ruling in the case of BECTU v Secretary of State.

The Unit is, however, concerned that alongside extending leave entitlements to a new class of workers, the effect of the draft Regulations would be to simultaneously limit the way that such workers could exercise their rights to paid leave in practice. The proposed change to Principal Regulation 13(2) adds an additional condition for new workers, who in their first year, must accrue the requisite number of days' leave before taking it.

The Unit believes that the most simple way to achieve compliance with the EU Directive would be to extend existing rights to qualifying workers from day one. It remains to be seen whether this would cause difficulties for employers, given the existing powers they have to control when workers can take their holidays. If it is established that such difficulties do arise, the Unit suggests less restrictive mechanisms which could be put in place, which would not restrict existing rights and which would further clarify the amended Working Time Regulations.