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Implementation of the Fixed Term Employees (Prevention of Less Favourable
Treatment) Regulations 2001, which were planned to come into force on 10th July 2001, is being delayed. No alternative commencement date has been announced.
For details of the draft Regulations, see bulletin dated 10th March 2001.
The government has explained the delay (at
http://www.dti.gov.uk/er/fixed/index.htm) as being due to "particular problems with implementation in the UK", without stating what those problems are. It relies on a clause in the Fixed Term Workers Directive
(http://europa.eu.int/eur-lex/en/lif/dat/1999/en_399L0070.html) giving member states up to an extra year to implement the Directive if "special difficulties" exist.
What the government omits in its press release is that the implementation date for the Directive was 10th July 1999. Even allowing for the extra year, the Directive should have been implemented by 10th July 2000. The UK has therefore been, and continues to be, in breach of the Directive.
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