Hall, Mark

The Department of Trade and Industry (DTI) is to 'harmonise' the commencement dates of employment law regulations. The move to two common commencement dates each year - 6 April (the beginning of the tax year) and 1 October (when the national minimum wage is revised) was announced in March 2003 and will take effect from 2004. As part of this process, on 14 January 2004 the DTI published its first annual statement of forthcoming employment regulations.

Workers at Land Rover, the car manufacturer, staged a one-day strike on 26 January 2004 in pursuit of a higher pay increase. The industrial action halted production at Land Rover’s main plant in Solihull in the West Midlands. About 8,000 workers were involved.

On 5 January 2004, the European Commission published a Communication [1] evaluating the operation of the 1993 EU working time Directive (93/104/EC [2]), in particular the application of two aspects of the Directive earmarked for review seven years after its implementation deadline: [1] http://europe.eu.int/comm/employment_social/labour_law/docs/workingtime_communication_en.pdf [2] http://europa.eu.int/smartapi/cgi/sga_doc?smartapi!celexapi!prod!CELEXnumdoc&lg=en&numdoc=31993L0104&model=guichett

On 2 December 2003, the UK government introduced the Employment Relations Bill [1] in the House of Commons. This article summarises the background to the legislation, its key provisions and the reaction from employers and trade unions. [1] http://www.parliament.the-stationery-office.co.uk/pa/cm200304/cmbills/007/2004007.htm

In April 2003, legislation came into force giving parents of children under six or of disabled children under 18 the statutory right to request flexible working and to have their request seriously considered by their employer (UK0304104F [1]). Prior to the introduction of the legislation, employers’ groups had opposed statutory intervention in this area and expressed concern at its potential impact on business performance, whereas trade unions were critical of the scope for employers to reject employee requests for flexible working. However, a survey of employers conducted by the Chartered Institute of Personnel and Development (CIPD), representing human resources managers, and the law firm Lovells, published in October 2003, suggests that the operation of the legislation has proved to be 'user-friendly' for organisations in both the private and public sectors. [1] www.eurofound.europa.eu/ef/observatories/eurwork/articles/new-rules-on-flexible-working-come-into-force

TheEmployment Equality (Sexual Orientation) Regulations 2003 [1] and theEmployment Equality (Religion and Belief) Regulations 2003 [2] came into force on 1 and 2 December 2003 respectively. The two sets of Regulations outlaw direct and indirect discrimination against, and harassment and victimisation of, people in employment and vocational training because of their sexual orientation, religion or belief. [1] http://www.hmso.gov.uk/si/si2003/20031661.htm [2] http://www.hmso.gov.uk/si/si2003/20031660.htm

The European Union'sEuropean employment strategy [1] (EES) has been in operation since 1997 (EU9711168F [2]). The strategy enables the coordination of national employment policies at EU level and one of its main components has been the adoption (on the basis of a proposal from theEuropean Commission) by theEuropean Council of a set of annual Employment Guidelines setting out common priorities for Member States' employment policies. The Member States then draw up annual National Action Plans (NAPs) which describe how these Guidelines are being put into practice nationally. [1] http://europa.eu.int/comm/employment_social/employment_strategy/index_en.htm [2] www.eurofound.europa.eu/ef/observatories/eurwork/articles/undefined/employment-summit-agrees-limited-package-of-measures-to-combat-unemployment

During October 2003, both the Confederation of British Industry (CBI) and the Trades Union Congress (TUC) published their responses to a recent government discussion paper, The UK experience of European Works Councils [1] ( UK0308102N [2]). The paper aimed to gather information and views to help the government prepare for the EU-level consultations on revising the EU Directive ( 94/45/EC [3]) on European Works Councils (EWCs) that are due to get underway shortly ( EU0310204F [4]). Predictably, the two organisations put forward sharply divergent views. The CBI 'sees no reason for a substantial review of the Directive', and urges the government to take a 'minimal approach' to its revision. The TUC, on the other hand, argues that the EWCs Directive has 'serious shortcomings' and that the revision of the legislation is 'both necessary and urgent'. [1] http://www.dti.gov.uk/er/europe/ewcdoc.pdf [2] www.eurofound.europa.eu/ef/observatories/eurwork/articles/government-seeks-views-on-ewcs-ahead-of-review-of-directive [3] http://europa.eu.int/smartapi/cgi/sga_doc?smartapi!celexapi!prod!CELEXnumdoc&lg=EN&numdoc=31994L0045&model=guichett [4] www.eurofound.europa.eu/ef/observatories/eurwork/articles/european-economic-and-social-committee-adopts-opinion-on-revision-of-ewcs-directive

In September 2003, the European Economic and Social Committee (EESC), the EU consultative body made up of national representatives of employers, employees and other interest groups, adopted an exploratory opinion [1] on the experience to date of the European Works Councils (EWCs) Directive (94/45/EC [2]) and its possible revision. The Committee drew up the opinion in response to a request by the European Commission, which is due to initiate consultations before the end of 2003 with EU-level employer and trade union bodies about revising the Directive. The EESC’s opinion is expected to help shape the Commission’s approach to this issue. [1] http://eescopinions.esc.eu.int/EESCopinionDocument.aspx?identifier=cessocsoc139ces1164-2003_ac.doc&language=EN [2] http://europa.eu.int/smartapi/cgi/sga_doc?smartapi!celexapi!prod!CELEXnumdoc&lg=EN&numdoc=31994L0045&model=guichett

In September 2003, the Confederation of British Industry (CBI) published its sixth annual employment trends survey, conducted in conjunction with the Pertemps recruitment agency. The survey, carried out in May 2003, reports the responses of 551 private sector employers and covers a range of labour market issues, including key influences on competitiveness, flexible working, pensions, informing and consulting employees, and workforce diversity. A central theme of the report is that prospective regulatory developments such as the proposed EU Directive on temporary agency work (EU0306206F [1]) and the possible removal of the scope for individuals to opt out of the 48-hour limit on average weekly working hours (UK0307102N [2]) are viewed by employers as a 'threat to labour market flexibility' which 'could have a very serious impact on UK business'. Key findings are outlined below. [1] www.eurofound.europa.eu/ef/observatories/eurwork/articles/council-fails-to-agree-on-temporary-agency-work-directive [2] www.eurofound.europa.eu/ef/observatories/eurwork/articles/cbi-report-urges-retention-of-individual-opt-out-from-48-hour-week