End to working time opt-out
UK employees could be restricted to a 48-hour working week after MEPs voted to scrap Working Time Directive opt out
The clause, which is used extensively in the UK, will be phased out over the next three years – if it is ratified by the European Council of Ministers.
As part of a compromise agreement, however, the average hours will be calculated over 12 months, rather than the current four-month period, to allow businesses greater flexibility.
In a change that will impact heavily on health and emergency services, on-call time will be counted as working time under the new directive.
The British government had lobbied hard against these changes, as it believes they will damage the competitiveness of UK business.
This concern was echoed by manufacturers’ organisation EEF, which had urged MEPs to reject the “damaging” changes on the basis that they would “undermine the UK’s labour market flexibility”.
And the Institute of Directors said that the change would have a dramatic effect on the UK’s competitiveness.
Director general Miles Templeman, 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.”
He was also angry that some Labour MEPs voted for the clause’s scrapping, saying: “It is deeply regrettable that the Government’s own MEPs again ignored Ministers’ advice and voted against the interests of the British economy. This makes it essential that the Government maintains a blocking alliance in the Council of Ministers. They will have our strong support in doing so.”
However, TUC general secretary Brendan Barber believes that removing the opt out will help to combat the UK’s long hours culture.
“This issue has been deadlocked for too long. The European parliament should accept this sensible compromise,” he said.
“It certainly does not go as far as we would like, but it does meet the key objection from most employers who encourage their staff to sign an opt out.
“Employers say they need the flexibility to be able to cope with the peaks and troughs of workload. An annual average does precisely this.”
Shadow Foreign Secretary Liam Fox said: “Once again we get one message from the Labour leadership and another from Labour’s elected representatives. Are they on the side of Britain or our competitors?
“The Government must now use all their diplomatic efforts to ensure that Britain is not saddled with yet more regulation that will cost British jobs.”
