Britain has been breaching EU employment laws by failing to enforce regular breaks for workers, Europe’s highest court ruled today.
The European Commission took the Government to the European Court of Justice claiming that it had violated rules giving employees a minimum of up to 11 hours between working days, and a weekend break of one day plus 11 hours.
The court, in Luxembourg, said that the rules, which were introduced into British law in 1998, are not being applied properly, in breach of workers’ rights.
Official guidelines produced by the Department of Trade and Industry (DTI) advise employers they must make sure that workers can take a break but do not require to ensure that they actually do. The EC successfully argued that this wording encouraged a “practice of non-compliance”.
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The judges ruled: “The (DTI) guidelines are liable to render the right of workers to daily and weekly rest periods meaningless because they do not oblige employers to ensure that workers actually take the minimum rest period, contrary to the aims of the Working Time Directive.”
David Israel, employment partner at Wedlake Bell, said the impact on employers would be minimal. “The DTI will most likely remove the offending section of the guidance and replace it with a more positive message that good employers should be encouraging their workers to take their rest breaks.
“However, the ruling won’t directly affect employers save to remind them of their continuing obligations towards their staff’s welfare in law generally.”
But David Franey, a employment expert at Russell Jones & Walker, said the ruling may prove to be a catalyst for change.
“It suggests that employers will need to do something positive to make sure workers do actually take breaks. A defence of ‘you never asked for a break’ won’t be enough if claims are brought. How far employers have to go remains to be seen,” he said.
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The Federation of Small Businesses immediately criticised the ruling.
“This is a very worrying development. The DTI guidance was ideal for both employers and employees as it allowed workers to take their breaks if they wanted to but did not force them to do so,” a spokesman for the business lobby group said. “If workers are allowed to take their breaks but choose not to, who is losing out?”
He added: “Forcing workers to take breaks is impractical and will lead to more job losses to countries such as India and China as well as restricting the growth of small firms who want to expand and create more jobs.”
Syed Kamall, Conservative MEP for London, said the ruling meant that workers would no longer have the flexibility to work extra hours to earn more cash.
“This is a kick in the teeth for British workers who may want to work longer hours. While many people have a healthy work-life balance, others may choose to put in extra hours to achieve their ambitions. Telling British employers to send them home against their will is nonsensical.”
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Britain has an opt-out from another section of the Working Time Directive which sets down a maximum 48-hour working week for EU member states.