Not content with the Red Tape Challenge which resulted in a significant weakening of employment rights in the UK, David Cameron asked business leaders to develop a set of recommendations for reform of British and European governments as well as the EU institutions.

Over 100 UK and European businesses were consulted about so-called European “red tape” and the government has now issued a report calling on the European Commission to adopt a “common sense filter” for all new proposals. This essentially means removing existing EU rules and stopping new ones from coming into force.

Published last week, the “Cut EU red tape - report from the Business Taskforce” continues to attack workers’ rights, claiming that “the complexity and quantity of employment legislation coming from Europe is preventing job creation”.

The taskforce makes a number of recommendations in relation to scaling back employment and health and safety law, including the following:

  • the starting presumption for all EU employment law should be that micro-enterprises are exempt unless there is clear evidence they would benefit from it
  • national governments should have the flexibility to decide when small, low-risk businesses need to keep health and safety written assessments
  • the Commission should withdraw its proposal to amend the Pregnant Workers Directive to require 20 weeks’ maternity leave on full pay
  • the proposals for the Posting of Workers Enforcement Directive should not introduce new rules on subcontracting (involving joint and several liability); and there should be strict rules on the paperwork a European state can ask a business to provide before sending a worker to another EU country
  • the Commission should not introduce the new proposals it is currently considering to change the information and consultation directives, such as expanding the scope of the directives to cover micro-businesses and introducing standardised agreements for dispute resolution
  • any new proposals on working time must continue to allow individuals to opt out of the 48 hour week; clarify that not all workplace on-call time counts as working time; make clear there is no right to reschedule leave affected by sickness, nor any right to carry over leave; ensure record-keeping requirements are kept to a minimum
  • new proposals on hiring agency workers should start by asking if the directive is necessary; give employers and workers more flexibility to reach their own arrangements; keep administrative and record-keeping burdens to a minimum
  • the acquired rights directive dealing with transfers of businesses should be amended to allow employers and employees more flexibility to change the terms of contracts following a transfer.

Jo Seery of Thompsons Solicitors said: “This report is produced by and for business leaders with no input from trade unions and is based on the ideological premise that employment and health and safety laws simply represent a burden to business. Nothing could be further from the truth, as good employers are well aware.”

To read the full report, go to: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/249969/TaskForce-report-15-October.pdf