Asked by: Stella Creasy (Labour (Co-op) - Walthamstow)
Question to the Department for Business and Trade:
To ask the Secretary of State for Business and Trade, with reference to the Retained EU Law Bill, whether her Department plans to (a) retain, (b) replace or (c) revoke the Working Time Regulations 1998.
Answered by Kevin Hollinrake - Minister of State (Department for Business and Trade)
We are consulting on proposals to improve how the Working Time Regulations 1998 operate without impacting the rights that really matter to workers. This Government has no intention of abandoning our strong record on workers’ rights, having raised domestic standards over recent years to make them some of the highest in the world.
We will be consulting on proposals to remove retained EU case law that imposes time-consuming and disproportionate requirements on business for working hour records to be kept for almost all members of the workforce, which could save employers around £1bn a year. The consultation also proposes to merge the two separate annual leave entitlements into one pot of statutory annual leave, while maintaining the same amount of statutory annual leave entitlement overall, and to introduce rolled-up holiday pay, so that workers can receive their holiday pay with each payslip.
The consultation can be found here: https://www.gov.uk/government/consultations/retained-eu-employment-law-reforms
Asked by: Baroness O'Grady of Upper Holloway (Labour - Life peer)
Question to the Department for Business and Trade:
To ask His Majesty's Government, further to the remarks made by Lord Benyon on 28 February (HL Deb col 205) in which he stated “Defra’s default approach will be to retain EU law unless there is a good reason either to repeal or to reform it”, whether they will apply the same approach to employment rights, including transfers of undertakings, equal pay, paid holidays, unsafe working hours, maternity and parental leave, redundancy consultation, agency and part-time workers’ rights, and other protections.
Answered by Lord Johnson of Lainston - Minister of State (Department for Business and Trade)
We are proud of the UK’s record on labour standards, having raised domestic standards over recent years to make them some of the highest in the world.
In leaving the EU we regained the ability to regulate autonomously, and the government is therefore conducting a comprehensive review of all retained EU employment law to ensure that our regulations are tailored to the needs of the UK economy and help create the conditions for economic growth.
Asked by: Stella Creasy (Labour (Co-op) - Walthamstow)
Question to the Department for Education:
To ask the Secretary of State for Education, with reference to the Retained EU Law Bill, whether she plans to (a) revoke, (b) retain or (c) replace the Childcare (Early Years Provision Free of Charge) (Extended Entitlement) Regulations 2016.
Answered by Claire Coutinho - Secretary of State for Energy Security and Net Zero
The Childcare (Early Years Provision Free of Charge) (Extended Entitlement) Regulations 2016 were amended on 12 November 2021, to ensure that Swiss nationals and nationals from the European Economic Area (EEA) who have a pending application for leave to enter or remain in the UK under the EU Settlement Scheme, or who have an outstanding appeal or applied late, are still eligible to apply for the 30 hours free early education entitlement. Parents with EEA or Swiss nationality who have indefinite leave to remain in the UK are also eligible to apply for 30 hours free early education entitlement.
These regulations were consolidated in December 2022, as the Childcare (Free of Charge for Working Parents) (England) Regulations 2022. This can be accessed here: https://www.legislation.gov.uk/uksi/2022/1134/contents/made.
Asked by: Chris Stephens (Scottish National Party - Glasgow South West)
Question to the Department for Business, Energy and Industrial Strategy:
To ask the Secretary of State for Business, Energy and Industrial Strategy, what assessment he has made of the potential merits of amending the Working Time Regulations in response to the Court of Justice of the European Union ruling in the case of Federacion de Servicios de Comisiones Oberas v Deutsche Bank SAE (CJEU Case C-55/18); and if he will make a statement.
Answered by Paul Scully
It is important that employers comply with the Working Time Regulations in respect of working hours and daily and weekly rest, and that they are held to account if they don't. Workers can take a case to employment tribunal concerning insufficient rest, and the Health and Safety Executive directly enforces maximum working hours. The Government has also committed to bringing forward state enforcement of the rules in the Working Time Regulations on holiday pay for vulnerable workers, to ensure that workers get the paid time off they deserve.
Asked by: Lord Hannan of Kingsclere (Conservative - Life peer)
Question to the Department for Business, Energy and Industrial Strategy:
To ask Her Majesty's Government what assessment they have made of the cost of applying the EU’s Working Time Directive (2003/88/EC).
Answered by Lord Callanan - Parliamentary Under Secretary of State (Department for Energy Security and Net Zero)
In 2014, the Department for Business, Innovation and Skills conducted a review of the impact on the UK labour market of the UK Working Time Regulations. These Working Time Regulations implemented the EU Working Time Directive into UK law. The report is attached, but can also be found here: https://www.gov.uk/government/publications/working-time-regulations-impact-on-uk-labour-market
Asked by: Kate Osamor (Independent - Edmonton)
Question to the Department for Environment, Food and Rural Affairs:
To ask the Secretary of State for Environment, Food and Rural Affairs, what steps his Department is taking to ensure that the milk supply chain is not disrupted during the covid-19 outbreak.
Answered by Victoria Prentis - Attorney General
Defra is working closely with the dairy industry to manage the impact of COVID-19. Demand for milk and some dairy products has increased in supermarkets and the vast majority of Britain’s dairy farmers continue to supply their contracts at the usual price. However, between 5 and 10 per cent of total milk production goes to the service trade, and these farmers have been impacted by the significantly reduced demand.
At the outset of the pandemic, the Government announced a number of emergency measures to support farmers, processors, and retailers. These include designating the food sector as critical to the response, with those working in the production, processing, sale, distribution or delivery of food categorised as “key workers” and granting derogations on drivers’ hours limitations.
In addition, to support milk producers, the Government announced on 17 April a temporary easing of some elements of competition law to make it easier for the dairy industry to come together to maximise production, processing and storage efficiency and ensure as much product as possible can be processed into high quality dairy products. This approach will allow the market for milk to adjust to the change in demand for milk while allowing production to be restored when shops, restaurants and pubs are able to open again. Exempted activities have been developed in conjunction with the dairy industry.
The Agriculture and Horticulture Development Board (AHDB) together with Dairy UK are launching a new £1 million campaign to drive consumption of milk and other dairy products. Running over 12 weeks, the campaign will highlight the role that milk and other dairy products play in supporting moments of personal connection during times of crisis. Defra and the devolved administrations are jointly contributing towards the financing of this campaign.
The dairy industry can access various Government backed loan schemes. The COVID-19 Business Interruption Loans scheme is available to farmers, milk buyers and milk processors. In addition, the new Bounce Back Loan scheme, which will apply to businesses including those operating in agriculture, will ensure that the smallest businesses can access up to £50,000 loans.
In recognition of the unprecedented challenges facing this sector, on 6 May 2020, Defra announced a new fund to help support those dairy farmers who have seen decreased demand due to the loss of the food service sector. The new fund will provide support for those most in need. Eligible dairy farmers in England will be entitled to up to £10,000 each, to cover 70% of their lost income during April and May to ensure they can continue to operate and sustain production capacity without impacts on animal welfare.
Public intervention for skimmed milk powder and butter continues to be available. Industry can sell skimmed milk powder and butter into public intervention when the price they would receive on the open market falls below the intervention price. This provides a floor price for dairy products. From 7 May, UK dairy processors are also eligible to apply for EU funded private storage aid in respect of skimmed milk powder, butter and cheese.
Asked by: Nic Dakin (Labour - Scunthorpe)
Question to the Department for Business, Energy and Industrial Strategy:
To ask the Secretary of State for Business, Energy and Industrial Strategy, if he will make it his policy to maintain the provisions of the Working Time Directive after the UK leaves the EU.
Answered by Kelly Tolhurst
This Government is committed to maintaining and enhancing workers’ rights after the UK leaves the EU. The Working Time Directive is transposed into UK law through the Working Time Regulations 1998. The EU (Withdrawal) Act 2018 ensures that these and other Regulations will be retained when the UK leaves the EU.
Asked by: Ian Murray (Labour - Edinburgh South)
Question to the Department for Business, Energy and Industrial Strategy:
To ask the Secretary of State for Business, Energy and Industrial Strategy, whether it is his policy to replicate the Working Time Regulations after the UK leaves the EU.
Answered by Kelly Tolhurst
Employment law which derives from the EU is implemented in the UK, in statute if necessary. This includes the Agency Workers Directive and the Working Time Directive, which have been transposed into UK law. There is therefore no need to replicate them after the UK leaves the EU. We have committed not to roll back workers’ rights and that commitment includes the protections provided for by the Working Time Directive and the Agency Workers Directive. We also recently laid the Agency Workers (Amendment) Regulations 2019 which if passed will increase protections for agency workers on pay between assignment contracts.
Asked by: Baroness Randerson (Liberal Democrat - Life peer)
Question to the Department for Transport:
To ask Her Majesty's Government whether they intend to maintain the standards governing the working hours of professional drivers set out in the Road Transport (Working Time) Regulations 2005 after Brexit.
Answered by Baroness Sugg
The drivers’ hours and working time rules for mobile workers are currently harmonised at EU level and implemented in the UK through domestic legislation. The EU (Withdrawal) Act 2018 retains directly-applicable EU laws, including relating to these rules. The Government is preparing secondary legislation under this Act to ensure that the statute book continues to function after 29 March 2019, for example by correcting procedural deficiencies in retained EU law. There are no plans to amend the substance of these rules, which the Government recognises are an important road safety measure.
Asked by: Baroness Randerson (Liberal Democrat - Life peer)
Question to the Department for Transport:
To ask Her Majesty's Government what plans, if any, they have to reduce the number of permitted driver hours under the Road Transport (Working Time) Regulations 2005 after Brexit.
Answered by Baroness Sugg
The drivers’ hours and working time rules for mobile workers are currently harmonised at EU level and implemented in the UK through domestic legislation. The EU (Withdrawal) Act 2018 retains directly-applicable EU laws, including relating to these rules. The Government is preparing secondary legislation under this Act to ensure that the statute book continues to function after 29 March 2019, for example by correcting procedural deficiencies in retained EU law. There are no plans to amend the substance of these rules, which the Government recognises are an important road safety measure.