UK 'compromises freedom of choice

pdf version (what's that?)

Have your say on working time law

In the next few weeks trade unionists have a chance to attack the blatant abuse of working hours highlighted by the Canary Wharf crane crash inquest.

This kind of exploitation is made possible by the opt-out, the UK's unique abuse of the European Union safeguards, which allows UK employers to pressure workers to sign away their right to a maximum week of 48 hours.

The European Commission began the year by launching its consultation on working time, focusing on opt-out agreements, and looking at how the Working Time Directive could be revised. Improvements to the directive could influence UK regulations and practice. Responses have to be made through unions and the TUC by 31 March.

The European Commission confirms:

• The UK is the only EU state where working time has increased over the last ten years
• 4 million UK workers habitually work more than 48 hours. This is 16% of the whole workforce and 21% of those working full-time.
• 1.5 million habitually work over 55 hours.
• Around 1 million UK workers have more than one job and may therefore be working more than 48 hours in total
• A high percentage of the UK workforce are asked to sign the opt-out: 65% of companies in one survey, with over half the workers waiving rights.
• The UK is unique in this widespread use of the opt-out. Luxembourg has recently introduced it, with tight record keeping, for hotels and catering. France allows some categories of health workers to opt-out. Germany, the Netherlands and Spain are considering opt-outs for health workers on call.

The Commission says it cannot evaluate the effects of excessive hours on UK workers' health and safety, because of a 'lack of reliable data'. What it means is that the 1999 amendment to the Working Time Regulations allowed companies to keep a minimum record of hours worked. Many bosses just filed the worker's opt-out and kept no record of hours at all. It is similarly impossible to monitor UK companies' compliance with other aspects of the Directive such as daily rest periods (article 3) or weekly rest periods (article 5).

The Commission agrees that there is strong evidence that excessive hours contribute to accidents and increase the risk of cardiovascular disease, mental disorders and other illness.

Finally the Commission is not happy with the widespread UK practice of asking workers to opt out when they are taken on. The report says:

'It is legitimate to suppose that if the opt-out agreement must be signed at the same time as the employment contract, freedom of choice is compromised by the worker's situation at that moment.'

The UK government has made it clear that it will fight to keep the opt-out. It would be foolish to expect automatic progress from Brussels. Although this report is critical of the UK, the Commission is clearly trying to please both employers' and workers' representatives. That is impossible. The TUC wants the individual opt-out removed, but is unlikely to take on the government without strong pressure from safety representatives.

• Responses have to be made through individual unions and the TUC by 31 March, so make your views known to your union.
• Lobby your MEP as well.

The EU communication can be seen at: http://europa.eu.int/comm/employment_social/consultation_en.html

The title is: Communication from the Commission [...] concerning the re-examination of Directive 93/104/EC concerning certain aspects of the organization of working time.

Background on working hours

• London boroughs have worst working hours, Daily Hazard no 79, Nov 2003
• LHC factsheets on working time: 1: Shifts and night work, 2: Long hours. At www.lhc.org.uk and from the advice line 020 7794 5999.

top of page

Resources page