Bosses resentful of new working time law

Britain is the only EU country where working hours have increased on average over the last decade - but according to a new survey, reversing this trend by limiting the number of hours we work could mean we risk losing our competitive edge.

Thatís the opinion of 81 percent of businesses surveyed by Croner, one of the UKís leading providers of business information and advice. Respondents to the survey, which was collated via Cronerís www.tradeinternational-centre.net web-centre, said that removing the right to opt out of legislation which will restrict the average working week to a 48 hour maximum would have a negative affect on the UK economy.

These findings challenge whether the UK should fully adopt the EUís Working Time Directive, from which the British government secured an opt-out in 1993; a move which enables employers to allow staff to work more than 48 hours per week if they choose to sign an opt-out agreement.

Although the Working Time Directive is intended to help employees achieve work/life balance through capping the number of hours they can legally work, Croner is alerting employers that it could actually do the opposite by imposing a more rigid structure whereby employees can no longer choose to work reasonable overtime.

The European Commission is currently reviewing a phase-out of Britainís exemption to the Regulations and Kimbra Green, employment law expert at Croner, which is part of Wolters Kluwer UK, believes if the opt-out is lost it could have major implications for many industries.

Kimbra says: As a nation we pride ourselves on our competitive economy, even though we often complain about how hard we work. The survey results are not a sign that our employers are becoming slave-drivers, but rather a protest by bosses for freedom of choice when it comes to working hours. There will always be employers who exploit the system, but itís clear that a blanket ceiling on working hours will have the majority up in arms.

Some industry sectors have started to move towards ensuring that employees comply with the maximum average weekly limit on hours, but Kimbra believes that some form of opt-out for the UK must be retained.

She continues: Our survey results reflect a nervousness among employers that if we completely lose the opt-out to the Working Time Directive it could adversely affect their business - employers need the flexibility to use their existing staff rather than incur increased costs of employing additional workers.

Similarly, many employees welcome the option to work reasonable overtime and if the flexibility to do this were removed, many lower paid employees may be forced to consider taking on additional, separate employment, without telling their employer, which could impact on their quality of life, productivity and pose serious health and safety problems.

Over the past two years the Office of National Statistics has actually reported a half-hour reduction in the average working week to 32 hours.

Kimbra concludes: Itís clear that current provisions for flexible working are helping reduce working hours and further flexibility is not required through the Working Time Regulations. The majority of businesses we surveyed seem to support this view.