Working time directive

Unions and business are at loggerheads following a vote in the European Parliament calling for an end to Britain's opt-out of legislation on maximum working times.

 

MEPs voted by 378 to 262 to phase out Britain's opt-out over a three-year period.

 

Accepting a recommendation from the Parliament's social affairs committee, the MEPs backed proposals that would see a maximum 48-hour working week regulated over a year rather than the current 17 weeks.

 

Stakeholder Response: Federation of Small Business

 

 

Commenting on the debate in the European Parliament on the working time directive, FSB National Chairman Carol Undy said: “Something has been lost in translation. The UK government has committed to defend the opt-out that allows British workers to decide their own working hours but Labour MEPs are voting to remove it. The removal of the opt-out is a serious threat to the flexibility of the UK work force.

 

“We believe that there is a point of principle at stake – namely the right of employees to decide their working hours for themselves.  An individual should be able to opt to work overtime in order to earn extra money without interference from Brussels.

 

“We are also concerned that employers will be forced to play a nanny role by monitoring the hours worked by their staff. There should an element of individual responsibility here.”

 

Stakeholder Response: The British Retail Consortium

 

 

The British Retail Consortium Director General, Kevin Hawkins, said: "The BRC is concerned that the decision made to scrap the 48-hour week opt out could have a negative impact on retail, affecting competitiveness and productivity.

 

"Flexible working arrangements should remain voluntary - it’s a personal choice and one that shouldn’t be restricted or reduced.

 

"Very few retail employees are required to work more than 48 hours a week, because of the number of part-time workers and flexible working schemes - but retailers more than any other business sector, need the flexibility to be able to respond to the changing demands of their customers.

 

"Flexibility in the work place is key to achieving the Lisbon objectives and the British government also believes it is vital to maintaining competitiveness. This decision goes against that and creates yet another unnecessary regulation."

 

 Stakeholder Response: The Construction Products Association

 

 

Jean Emblin, External Affairs Director at the Construction Products Association, said:

 

“Removal of the opt-out would have a serious impact on the construction industry.  It is a serious threat to the flexibility of the UK workforce and the competitiveness of the UK economy. The government must secure enough support from other member states in time for the June meeting of the Council of Ministers to ensure that this decision is reversed.”

 

 

Stakeholder Response: Institute of Directors

 

 

Miles Templeman, Director General of the Institute of Directors, said: "With Europe facing massive economic challenges from China and India, we should be looking to make our labour markets more flexible - not less. Business is trying to face up to the problems of the 21st Century, but MEPs have voted for a policy straight out of the 1970s."

 

 Stakeholder Response: CIPD

 

 

Ben Wilmott, Employee Relations Adviser comments: “While we don’t discount the problems that long hours working can create, we believe that this is the wrong way to address the issue. The small minority of cases of employer abuse should be tackled through better enforcement and raising awareness of existing regulations, while the health risks should be addressed by educating managers and employees of the need to focus more on work outputs than hours worked.

 

“We believe, instead that the government should continue to encourage and extend flexible working arrangements, an area where the UK leads the rest of Europe.”

 

The Calling Time on Working Time? research report, a survey of 750 long hours workers who work more than 48 hours, addresses many of the issues covered in the European Parliament report. The report claims:

 

"More than three-quarters of long hours workers say that they do so as a result of their own choice. Fewer than a third of employees sign an opt-out clause at the same time as signing their employment contracts. 10 per cent of employees report that long hours working causes damaging physical effects, while 17 per cent cite mental health problems."

 

Wilmott concludes: “We believe that the opt-out should be maintained to give workers the freedom and choice to work the hours they wish, given that employees choose to work long hours in the vast majority of cases.  Contrary to the views of many, including the European Parliament’s rapporteur, abuse of the opt-out is not widespread.

 

“We believe that better enforcement and awareness of legislation and greater access to flexible working beyond the current arrangements are the most effective ways of tackling the health and safety and productivity problems associated with long hours working. And with two-thirds of UK organisations having increased their flexible working provision in the past two years, we believe that the longstanding fall in the working hours of the average UK employee looks set to continue and accelerate.”