UNION TAKE UP CASE FOR FREELANCERS’ RIGHTS

BECTU claim the Government has failed to implement new rules entitling freelancers in the film and television industry to holiday rights.
The Advocate General of the European Court of Justice’s legal opinion appears to support this view and BECTU lawyers expect that the UK courts will accept the European Court’s advice when the case is finally heard.
Although not a final ruling, the opinion states that the UK Government acted unlawfully when they introduced legislation to comply with Working Time Directive in 1998. Under new UK law, entitlement to paid holidays was restricted to workers who had been employed continuously by the same employer for at least 13 weeks. BECTU argued that this interpretation prevented many freelancers and short contract workers from claiming paid holidays, and was against the spirit and wording of the original directive.
BECTU brought an action against the Secretary of State for Trade and Industry for the annulment of this legislation. The High Court are asking the Court of Justice if the European Directive allows a member state to prescribe that a worker’s entitlement to paid annual leave does not begin to accrue until the worker has completed a qualifying period with the same employer.
According to the Advocate General, the right to paid annual leave is a fundamental social right and adds that it does not only concern the individual worker but corresponds to a general social interest for the health and safety of workers; therefore it is an automatic and unconditional right which does not fall within the derogations allowed for in the directive in other circumstances. The Advocate General considers that the British law is unlawful in this case.
Although the examples given to the Court all related to freelancers within film, broadcasting, theatre and cinema, any change to UK legislation that follows the final judgement is likely to benefit all workers in Britain who are on short or casual contracts. (CMcL)