With the forthcoming referendum asking whether the UK should remain in or leave the European Union, we have considered the impact that the EU has had on workers’ rights over the past few decades. Although some legal analysts have suggested that the impact of leaving the EU will do little to erode workers rights, there can be no denying the impact on workers rights that has been caused by the EU since the UK joined in 1972.
Some key examples are set out below:
The Working Time Directive
The WTD led to the introduction of the Working Time Regulations 1998 which guarantees workers the following rights:
- Maximum 48 hour working week (employees can opt out)
- Daily rest period of 11 hours between shifts
- Weekly rest period of 24 hours, i.e. at least one day off per week
- Rest breaks during working day
- Annual leave
Equal Pay
Equal pay between men and women for equal work is one of the core principles of the EU and is a right directly enforceable in the UK courts.
Although the Equal Pay Act 1970 (provisions now contained in the Equality Act 2010) came into force in 1975, a series of decisions by the Court of Justice have significantly widened the scope of the legislation.
Initially, UK law only permitted a woman to compare herself with a man who was doing a similar job or was on the same grade. The ECJ held that this did not go far enough. Following an amendment, comparisons are now permitted where it can be shown the work of the man and woman is equal in value.
This allows women employed in jobs such as Cleaners, Cooks, Care Assistants or Teaching Assistants to compare themselves with completely different jobs such as Refuse Collectors, Road Sweepers and Gardeners even where the employer has failed to carry out a job evaluation study.
Other challenges to the UK legislation led to ECJ rulings that it was unlawful to pay part time workers less than full time colleagues as this indirectly discriminated against women and that casual staff as well as permanent staff were entitled to equal pay.
Crucially, the court also held that the 2-year cap on awards of back pay was not enough of a deterrent leading to this being extended to 6 years.
Discrimination Rights
The EU Framework Directive from 2000 led to the publication of regulations that, for the first time, made it unlawful to discriminate on the grounds of sexual orientation, age and religion or belief in the workplace.
In addition, the ECJ also confirmed that gender reassignment discrimination was a form of sex discrimination that would be covered by existing legislation and allowed a mother, who was a carer, to successfully claim associative disability discrimination due to the treatment she suffered as a result of her young sons disability.
In the 1990’s, the ECJ would also change the landscape of discrimination law forever by finding that a statutory cap on discrimination cases was contrary to EU law. From this point all, compensation in discrimination cases would be unlimited.
Maternity Rights
The Pregnant Workers Directive requires employers to provide paid time off for ante-natal appointments and to carry out risk assessments and reassign or suspend on paid leave if the potential for harm is identified.
The European Court of Justice has also confirmed that pregnancy discrimination is direct sex discrimination removing the need for a pregnant woman who has suffered discrimination from having to identify a comparator to proceed with a claim.
Parental Leave Rights
The Parental Leave Directive 1996 for the first time allowed workers the right to be absent from work to care for young children (‘parental leave’) and all employees the right to take time off work to care for dependents in the event of family emergencies. The amount of parental leave was increased in 2013 from 13 weeks to 18 weeks per chil.
In addition, the EU has afforded rights to fixed term workers, agency workers and employees whose employment has been transferred to another employer (i.e. TUPE). It is questionable as to whether any such rights would be available to workers in the UK without the intervention of Europe.
Whilst it is a matter of debate as to whether any (or all) of these rights would be eroded over time should the UK vote to leave, we can say with some certainty that had it not been for membership of the EU then the rights currently afforded to workers would be considerably narrower than they stand at present.
The Conservative-Lib Dem coalition chose to cap unfair dismissal claims to a maximum of one years’ salary. Members of the Conservative party have also made noises in the past about capping discrimination claims. EU law currently prohibits this.
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