Are our private businesses working too hard?


Employees in the UK work for longer every week than their counterparts in every other European Union country except for Bulgaria and Romania, both of which only joined the EU in 2007.


This is the key finding from a recent report by the European Foundation for Improvement of Living and Working Conditions, which shows that the average of 41.4 hours worked each week by fulltime employees in the UK is 84 minutes more than the average of all EU countries.


It also showed, however, that UK organisations are further from transgressing the legal maximum for working hours than employers in some other countries. This is simply because we, along with 17 other countries, operate a 48-hour weekly maximum, while the remaining nine members have a working week of no more than 40 hours.


Ironically, Bulgaria is one of these, meaning that its average of 41.7 hours places it in clear transgression of its mandatory maximum.


According to TUC General Secretary Brendan Barber, the number of hours worked by British employees is "no sign of economic strength, as we are stuck at the top of the league table with poor countries in Eastern Europe."


Analysis of the report suggests that it is workforces without union representation that push up the average hours worked in the UK. This is because British unions have negotiated maximum working weeks that average just 37.3 hours (with particular success in the public sector), with only their French and Danish counterparts managing to negotiate shorter weeks.


It would seem therefore that it is people in smaller, privately-owned organisations who are working longer hours, potentially exposing directors to the risk of operating in breach of the European Working Time Directive (if their staff exceed a 48-hour working week).


Many observers argue that a shorter week can contribute to efficiency and productivity, leading to fresher, more motivated workers. Business Link, for example, cites improved quality, alongside reductions in waste, sickness absence and recruitment costs as key benefits, while recent research from Warwick University Medical School is showing that fewer hours worked by doctors is leading to fewer mistakes.


There is no doubt, however, that for many small businesses the prospect of reducing hours worked could be seen as a direct threat to profitability and, in some cases, their viability. Anyone concerned about the potential impact of working hours legislation on their business should seek guidance from an employment lawyer.


 

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Judith Ellery Head of Employment

 

Bethan Southcombe Solicitor

 

 

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This article summarises the law on issues which we believe may be of interest to your business. It is not a comprehensive review of the subjects and accordingly is published without responsibility for loss occasioned to any person(s) acting or refraining from action as a result of information published. This document is provided for information only and does not constitute legal advice. Professional legal advice should be obtained before taking or refraining from any action as a result of the contents of this document.