Government consults on long working hours

In late June 2004, in the light of EU-level discussions on the possible amendment of the working time Directive, the UK’s Department of Trade and Industry launched a consultation on the operation of the individual opt-out from the 48-hour weekly working time limit in the UK and ways to improve its application.

On 29 June 2004, the UK’s Department of Trade and Industry (DTI) published a consultation paper, Working time - widening the debate, seeking views on the current operation of the individual opt-out from the 48-hour weekly working time limit in the UK and ways to improve its application.

The aim of the exercise is to help shape the government’s response to likely proposals from the European Commission for amending the 1993 EU working time Directive (93/104/EC), as well as possible improvements to UK law and practice. In May, the Commission issued its own consultation document on the issue (EU0406203F), making it clear that, unless the EU-level social partners opt to engage in negotiations over revisions to the Directive, which is regarded as unlikely, the Commission is likely to propose amendments in a number of areas, including limiting or abolishing the scope for individuals to opt out of the 48-hour weekly limit on average working time (UK0406101N).

Employment relations minister Gerry Sutcliffe said that the government was 'committed to retaining the opt-out in order to protect employee choice and workplace flexibility', but was also determined to make sure it was being 'used correctly'.

The possible options identified in the DTI consultation paper, which the government stresses are 'not being put forward as legislative proposals', are intended to help ensure workers 'have a real choice about [working] long hours'. They include:

• making it unlawful to ask employees to agree to work long hours as part of their employment contract;

• having a time-limited opt-out, which expires after a set period of time and must be renewed;

• capping the maximum number of hours opted-out workers can do; and

• ensuring that businesses are effectively monitoring their employees’ working hours and undertaking health risk assessments.

The CBI employers’ organisation said that it welcomed the government’s commitment to maintain the opt-out. According to the CBI, '[trade union] claims of widespread abuse are wildly overdone. They should not be used as an excuse to deny UK employees and companies this vital freedom.'

The CBI indicated that it would be willing to consider measures to prevent abuse such as: preventing the opt-out being a condition of an employment contract; requiring opt-out agreements to state that the employee can rescind them at any time after a reasonable notice period; and a government awareness-raising campaign so that employers and employees know their rights and responsibilities.

However, the Trades Union Congress (TUC) said that it was 'hard to take this consultation seriously. The minister’s statement makes it clear that the government has made its mind up to resist an effective crack-down on Britain’s long hours culture. The government should stop defending the indefensible and end the UK opt-out of the 48 hour working week.'

The TUC quoted its own polling evidence suggesting that one in three workers who have signed an opt-out say they were given no choice, and that nearly two out of three people who regularly work more than 48 hours a week say they have not been asked to opt out of the working time Regulations.

The closing date for the UK consultation is 22 September 2004.