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EU Social Chapter

Answer

In 1991, in what was then the social chapter, the EU provided for member states to reach agreement on certain aspects of social policy. In 1997 the UK ended its opt out from the social chapter, which was then fully incorporated into the Amsterdam treaty in June 1997, coming into force in May 1999.Since 1997 the Government have not voted against the adoption of any measures introduced as a result of the social chapter.Directives introduced as a result of the social chapter, UK implementing legislation, and their effect are:The burden of proof in cases of discrimination based on sex directive"Implemented in the UK by the Sex Discrimination (Indirect Discrimination and Burden of Proof) Regulations 2001. These provide that once a prima facie case has been made in an employment tribunal claim, the burden of proof is placed on the defendant (usually the employer) who will need to demonstrate that sex discrimination has not occurred."The part-time workers directive"Implemented in the UK by the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000. These provide for entitlement of part-time workers to the same pro-rata terms and conditions of employment as full-time workers;"The fixed term work directive"Implemented in the UK by the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002. These provide equal treatment and prevent abuse of fixed term contracts;"National information and consultation directive"Implemented in the UK by the Information and Consultation of Employees Regulations 2004. These provide for new minimum standards for workforce consultation and involvement in firms with 50 or more employees;"Parental leave directive"Implemented in the UK by the Maternity and Parental Leave etc. Regulations 1999. These provide for parents to have the right to 13 weeks unpaid leave at the birth or adoption of a child;"European Works Council directive"Implemented in the UK by the Transnational Information and Consultation of Employees Regulations 1999. These require companies with at least 1,000 employees in total across the member states and at least 150 workers in each of two or more of those member states, to establish structures for consulting workers on issues that affect them."Directive amending the 1976 directive on equal treatment for men and women in employment and vocational training"This directive incorporates European Court of Justice case law and strengthens the principle of equal treatment and the way it works in practice. Implemented in the UK by the Employment Equality (Sex Discrimination) Regulations 2005, these amend the Sex Discrimination Act and Equal Pay Act in respect of employment and vocational training."

Secondary information

Type

Written question

Reference

63856; 445 c823-4W;445 c823-4W

Session

2005-06

Subjects

Social chapter

Link

View this Written question on www.publications.parliament.uk