What has the EU ever done for me?
Thursday 23rd June, 2016
What has the EU ever done for me? Why should I vote in the EU Referendum? We thought we would outline how being in the European Union affects your life on a day to day basis - from worker's rights and health and safety to the annual package holiday. Often the EU issue the UK with a Directive to implement law to protect its citizens. Here are just a few ...
Package Holidays
By law you have the right to expect the holiday that you booked and paid for. If the holiday doesn’t match the description, (whether you have an accident or holiday illness), under the Package Travel Regulations you may have a claim against the tour operator for compensation.
The tour operator, if you've booked a package holiday, is liable for all the services - car hire, accommodation, flights, etc - as long as they were part of the package the tour operator arranged for you.
The Package Travel Regulations can be used to assist you in pursuing claims against tour operators. It was introduced in the UK as a result of EC Directive 90/314/EEC.
On 25 November 2015 a new Package Travel Directive (2015/2302/EU) was adopted, bringing it up to date with the developments in the travel market to cover not only traditional package holidays, but also give clear protection to 120 million consumers who book other forms of combined travel, e.g. a self-chosen combination on a website of a flight plus hotel or car rental.
The UK have to implement this by 1 January 2018 and it will be applicable from 1 July 2018.
Workers Safety
A key element of safety and health legislation is EU Directive (89/391/EEC), implemented in Britain by the Management of Health and Safety at Work Regulations 1999, which establishes obligations on employers to evaluate, avoid and reduce workplace risks of injury.
The 'six-pack' of Health and Safety Regulations is the name given to the half-dozen most widely quoted health and safety regulations. They came into effect in Britain after six European directives, collectively known as the 'six-pack', were issued by the European Commission.
The main set of regulations is the Management of Health and Safety at Work Regulations 1999, which places a legal duty on employers to carry out a risk assessment as a first step in ensuring a safe workplace, lies at the heart of the modern approach to health and safety at work.
Other 'six-pack' regulations cover work conditions, manual handling, work equipment, personal protective equipment etc.
What are the main health and safety Regulations?
1. The Management of Health and Safety at Work Regulations 1999
•making 'assessments of risk' to the health and safety of its workforce, and to act upon risks they identify, so as to reduce them.
•providing workers with information and training on occupational health and safety; and
•operating a written health and safety policy.
2. The Workplace (Health, Safety and Welfare) Regulations 1992
•adequate lighting, heating, ventilation and workspace (and keep them in a clean condition);
•staff facilities, including toilets, washing facilities and refreshment; and
•safe passage, i.e. to prevent slipping and tripping hazards.
3. The Health and Safety (Display Screen Equipment) Regulations 1992
•make a risk assessment of workstation use;
•ensure DSE users take 'adequate breaks';
•provide regular eyesight tests;
•provide health and safety information;
•provide adjustable furniture (e.g. desk, chair, etc.); and
•demonstrate that they have adequate procedures designed to reduce risks associated with DSE work, such as repetitive strain injury (RSI).
4. The Personal Protective Equipment at Work Regulations 1992
•ensure that suitable personal protective equipment (PPE) is provided free of charge "wherever there are risks to health and safety that cannot be adequately controlled in other ways."
•provide information, training and instruction on the use of this equipment.
5. The Manual Handling Operations Regulations 1992
•avoid (so far as is reasonably practicable) the need for employees to undertake any manual handling activities involving risk of injury;
•make assessments of manual handling risks, and try to reduce the risk of injury.
•provide workers with information on the weight of each load.
6. The Provision and Use of Work Equipment Regulations 1998
•ensure the safety and suitability of work equipment;
•properly maintain the equipment, irrespective of how old it is;
•provide information, instruction and training on the use of equipment; and
•protect employees from dangerous parts of machinery.
Working Time Regulations 1998
These Regulations implement two EU Directives on working time and the employment of young workers (under 18 years of age).
The Regulations cover the right to annual leave and to have rest breaks, and they limit the length of the working week.
Key protections for adult workers include:
•a 48-hour maximum working week. Employers have a contractual obligation not to require a worker to work more than an average 48-hour week (unless the worker has opted out of this voluntarily and in writing);
•minimum daily rest periods of 11 hours, unless shift-working arrangements have been made that comply with the Regulations; and
•an uninterrupted 20-minute daily rest break after six hours' work, to be taken during, rather than at the start or end of the working time.
Extra protection is available to young workers (workers aged 15 to 18). In particular, young workers:
•are entitled to a daily uninterrupted rest break of 30 minutes after working more than 4.5 hours;
•are entitled to an uninterrupted 12-hour break in each 24 hour period of work.
•are entitled to weekly rest of at least 48 hours in each seven-day period (and unlike adult workers, they cannot be made to take this rest over two days averaged over two weeks); and
•cannot normally work more than eight hours a day or 40 hours a week. These hours cannot be averaged out. There is no 'opt-out' for young workers.
All full-time workers are entitled to 5.6 weeks' paid holiday each year, reduced pro-rata for part-time workers.
These basic limits on the working week make a vital contribution to health and safety at work.
•Employers have the right to ask their staff to enter into a written agreement to opt out of the 48-hour limit, for a specific period or indefinitely.
•However, if such an agreement is opted into, a worker is entitled to bring the agreement to an end without the employer's consent.