Comment: Why revisit the working time regulations?
Wednesday, 23 November 2011 1:52 PMBy Edward Wanambwa
Reports that the oversight may try to secure further opt-outs from the EU working time directive are very concerning.
Firstly, Britain already has a significant opt-out from the directive. Distinctive employees have the right to opt-out of the 48-hour limit on average working time.
Whilst it is illegal to dismiss an employee or otherwise subject them to victimisation for refusing to sign an 'opt-out agreement', there is currently no lawful prohibition on refusing to hire an employee unless they agree to opt-out. How many employees, especially in the current trade climate, would refuse to sign an opt-out agreement if presented with one by a prospective employer, or even their current employer?
Secondly, many workers in Britain are already excluded from key protections relating to working interval. This includes workers who can determine their own working hours (including managing executives with autonomous firmness making powers), family workers, junior doctors, the police, emergency services workers, members of the armed forces, the clergy, family servants and a variety of 'special case' workers, such as certain workers in the agriculture, tourism, postal and care sectors.
