Ec Challenges Uk Workplace Legislation

The Commission has sent a formal complaint to the British government warning that the UKs new consultation regulations fail to meet all the legal requirements laid out in European Union directives and in a European Court judgment.

In an unprecedented move, Padraig Flynn, the EUs social affairs commissioner, has made it clear he believes the government has not correctly incorporated the collective redundancy and business transfer legislation into domestic legislation as demanded by the European Court.

The UK was first challenged over the consultation issue by the Commission in 1991 when Brussels took out infraction proceedings against the UK.

The resulting European Court judgment - made in June 1994 - upheld the Commissions complaint against the UK.

 

The UK could face serious financial penalties if its regulations are found to be in contempt of the verdict.

Brussels is questioning whether British law reflects the European Court judgment over the procedures for designating who should be employee representatives. It is also questioning the effectiveness of the sanctions under UK law that can be used against an employer which fails to inform or consult the employees representatives as required.