UK working week opt-out is to continue
There was much publicity last December when the European Parliament voted by 421 votes to 273 to end the UK's opt-out from the EU's 48-hour limit on a working week.
However, when the European Commission went on to reject the proposal in early February, comparatively little media coverage was generated. This has doubtless left many people with the misleading impression that the opt-out in the UK and some other countries will certainly come to an end in 2011 - 2012.
However, the rejection by the Commission was open-ended. It says that it remains 'supportive' of the eventual phasing-out of the opt-out, but accepts that current conditions do not allow this to happen for the moment.
This is therefore a continuation of one of the most contentious and bitterly fought legislative disputes of recent years, which has polarised opinion in the UK as well as in Europe.
When the vote to end the opt-out was announced, for example, the Trades Union Congress was highly supportive of what it called a "courageous step".
Perhaps unsurprisingly, Confederation of British Industry (CBI) Deputy Director-General John Cridland could hardly have disagreed more heartily. He called the decision a "mistake", which would "replace opportunity with obstruction".
"Many people want to work longer hours, in professions ranging from manufacturing to medical research," he said. "They do so to further their careers or earn extra money, or to help their firm through difficulties. They should be able to do so if they choose."
This rejection, however, serves to continue an uncertain situation where UK employers remain unclear about their future responsibilities and duties.
It is not as though the current situation, even with the opt-out in place, is free of complexity. For example, under current regulations, workers who work over six hours a day are entitled to a rest break of not less than 20 minutes, which must be uninterrupted and should be spent away from the work station. Younger workers (under the age of 18) who work more than four and a half hours a day are entitled to a further 10 minutes, meaning 30 minutes in total.
Many employers are already failing to enforce these rules, with a 2007 survey revealing that one in five workers do not take a lunch break during the middle of the working day.
If you are unclear about the legislation governing your employees' working hours, avoid needless fines by getting up to speed with the help of a specialist employment lawyer.
Contact
Judith Ellery Head of Employment
Bethan Southcombe Solicitor
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