Europe Update

The WTD negotiations on proposed changes to the Directive are continuing under the Finnish Presidency. Member States will try to reach agreement at the Council of Employment Ministers on 7th November.

There are no guarantees that a deal will be reached and it is virtually certain that any amendments to the Directive could not be implemented in Member States by August 2009 (because any agreement would also have to be passed by the European Parliament as part of the very lengthy co-decision process). The NHS should plan for implementing the 48 hour week for doctors in training based on current WTD interpretations.

The European Court of Justice has ruled that DTI guidance on rest breaks is incompatible with the daily and weekly rest provisions in the Working Time Directive. Existing DTI guidance emphasises the duties on employers to ensure that the workers can, without impediment, take the rest to which they are entitled under the Directive . The ECJ ruling appears to say that employers must make staff take their rest breaks (although the ECJ also said that responsibility concerning observance of WTD rest periods cannot be without limits).

The UK Government takes its responsibilities in relation to implementing EC Directives very seriously. DTI are examining the judgment and considering next steps. It is important that workers know what their entitlements are and exercise those rights. If people are unsure there is information on the www.direct.gov.uk website or people can talk to ACAS on 08457 474747 about their entitlements.