30 June 2004 - Working Time Regulations - Long Hours Consultation Begins
The Department of Trade and Industry (DTI) has begun a consultation on long hours working and the way the individual opt-out from the 48-hour working time limit operates in the UK.
The DTI's consultation does not set out any proposals but outlines options for people to pass on their views.
Three main areas of discussion are:
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the workers real choice about long hours
-
protection for people while they are working long hours
-
people’s knowledge about their rights
The basic rights and protections that the Regulations provide are:
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a limit of an average of 48 hours a week which a worker can be required to work (though workers can choose to work more if they want to)
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a limit of an average of 8 hours work in 24 which nightworkers can be required to work
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a right for night workers to receive free health assessments
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a right to 11 hours rest a day
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a right to a day off each week
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a right to an in-work rest break if the working day is longer than six hours
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a right to four weeks paid leave per year
Gerry Sutcliffe, Employment Relations Minister commented:
"I have made our position on the retention of the opt out to the 48-hour weekly limit very clear. It is important that we protect workers from having to work more than 48 hours a week, but equally important that we enable those who freely choose to work longer hours to do so.
The DTI gets many letters from workers asking us to keep the opt-out, but some parties have raised concerns that some people are pressured into signing the opt-out. Such action is illegal, as the opt-out must be signed voluntarily under current employment legislation.
However, we are open to ideas on how the operation of the opt-out can be improved - that is why we are seeking views now, so that they can be taken into consideration as we move forward with the European Commission's review of the Working Time Directive."
The TUC in response to this consultation was one that was "hard to take seriously". Brendan Barber, TUC General Secretary, said:
"It’s
hard to take this consultation seriously. The Minister’s statement makes it
clear that the government has made its mind up to resist an effective
crackdown on Britain’s long hours culture.
"The government appears to have dismissed the views and research of employee
organisations in favour of a sample of letters carefully selected from its
mail bag.
"The government should stop defending the indefensible and end the UK opt
out of the 48 hour working week."
The closing date for the consultation is 22 September 2004. The consultation can be found here.
