According to a press release just issued, the European Commission has upheld a complaint against the UK government, holding that the Working Time Regulations do not properly implement the EC Working Time Directive.
Amicus, the trade union, complained to the Commission that the WTR fail to implement the Directive because:
• under the Regulations, overtime hours on night shifts are excluded from the 48-hour working week limit, which contravenes the Directive; and,
• under the Regulations, people could volunteer to work additional hours which are unmeasured by the employer, thereby undermining the Directive.
According to the press release, the Commission has issued infringement proceedings against the UK, giving it two months to comply.
The government has already been forced to amend the Regulations, last year, on the basis that the 13-week qualifying period for holiday pay breached the Working Time Directive.