UK working hours and exclusion from the opt out clause

The quote is from Nick Hurley, Employment Partner at Charles Russell, legal practice specialising in Employment law:



The vast majority of employers will be dismayed by the European Parliamentís decision and will see the potential exclusion of the opt out as an unwelcome interference from Europe. The opt out from the 48 hour maximum working week has always allowed workers flexibility in relation to their working hours and those that have deep rooted objections to working beyond this limit are not under any obligation to opt out. Indeed workers are currently given the choice and provisions are incorporated into the Working Time Regulations to protect workers who do not want to opt out.

One therefore has to query the wisdom and need for the exclusion and ask whether this has been motivated by reducing any perceived competitive advantage enjoyed by the UK rather than protecting workersí health and safety. The Government has said it is hopeful of securing support from other countries so it can block the adoption of the clause under the qualified majority vote procedure in the Council of Ministers. But, if the Council approves the decision, in certain sectors, particularly those that are not unionised, it will be interesting to see if employers and workers will be prepared to comply with the limit and whether the Government will take a more proactive stance on enforcement than that which currently applies.