British government taken to Euro court over tea breaks

The British government is being taken to court by the European Commission over failure to bring in fully an hours directive which means workers are being denied a tea break, it was revealed today.

The action also covers “undeclared” working time which unions claim has led to millions of employees having to take work home.

The EC confirmed it has referred the British government to the European Court of Justice over two technical points of not conforming with the Working Time Directive.

A spokeswoman said the issues were rest periods and undeclared working time.

Amicus, which complained to the EC almost four years ago over the “failure” of the British government to implement the directive, said regulations in the country encouraged workers not to take breaks from work which were required by law.

Legally workers should have breaks during the day, between each week or fortnight as well as annual holidays.

Roger Lyons, President of the TUC and Joint General Secretary of Amicus, said: “As a result it is possible for workers to work 24/7 without a break and not breach regulations.

“Because of the climate of fear and down sizing in many workplace, workers fail to take their legal entitlements to a tea break.”

The second complaint centred on staff working voluntary hours which did not count the average of 48 laid down in the directive.

Amicus said an estimated three million white collar workers were left open to pressure from firms to “commitment” by doing extra work at home.

“While we welcome the legal action we would have rather the UK Government had chosen to apply the Working Time Directive by agreement.

“However we have waited too long and there is now clearly no alternative.”

The British Department of Trade and Industry said it had not received notification of any court case.