Representation:

pending a final decision from the European Court of Justice (handed down in October 2001 - see editor's notes below) it is uncertain whether the exclusion of transport companies from the holiday provisions of the UK Working Time Regulations 1998 and the Working Time Directive 93/104/EC covers all staff employed by a transport sector employer or whether the exclusion applies only to staff directly engaged in the transport activities of the employer.

For relevant general notes see Working Time Regulations/transport workers (road transport) and/or Working Time Regulations/exemptions and exclusions

editor's notes:

• The European Court subsequently ruled on 4th October 2001 that "on a proper construction of Article 1(3) of Council Directive 93/104/EC of 23 November 1993 concerning certain aspects of the organisation of working time, all workers employed in the road transport sector, including office staff, are excluded from the scope of that Directive" (Bowden & ors v Tuffnells Parcels Express Ltd [2001] IRLR 838, ECJ Case C-133/00 4th October 2001).
  
  
• The European Council of Ministers subsequently agreed that the holiday provisions of the Working Time Directive should be extended to cover "non-mobile" workers in the transport sector by at latest 1st August 2003. This was done and as result clerical staff are now covered. The case summarised here is thus no longer of any direct relevance - see Working Time Regulations/2003 changes to the 1998 Working Time Regulations .