Employment Law Update (January 2009)
UK Working Time opt out to be scrapped
The European Parliament has voted against proposals that would
have allowed the UK to retain its "opt-out" to the Working time
Regulations. The vote, in December, makes it more likely the
"opt-out" will have to be scrapped within three years.
Under the "opt-out", many workers in the UK can agree that the
maximum working week provisions of 48 hours do not apply to them.
This arrangement is now being reviewed at a European level, and the
UK government put forward compromise proposals that would retain
the "opt-out", in a slightly amended form.
The European Parliament's December decision is a setback to this
deal, but it is not the end of the story. Further efforts
will now be made within Europe to agree a compromise acceptable to
the European Parliament. Even when proposals have been agreed, any
changes are unlikely to happen until autumn 2011.
Mentor will keep you informed of developments.
If your business has workers who have signed an "opt-out", they may
continue to work in excess of 48 hours per week and there is no
need for you to take any action at this time.
Key facts
- Workers may currently opt out of the 48 hour maximum weekly
working limit;
- The European Union is currently reviewing this, along with
other working time issues such as "on-call" time;
- Any changes are not likely to happen until autumn 2011.