Tess Gill considers the effects of recent rulings
on call-out time in the working week
The limits on the working week in the Working Time Directive 2003/88/EC (the Directive), previously Directive 93/104/EC, have always been controversial; especially with the UK government in favour of an individual opt-out of the maximum 48-hour working limit, which has been consistently opposed by trade unions.
Opting out
The Directive is implemented domestically by the Working Time Regulations 1998 (SI 1998/1833) (the regulations), as amended. The main provisions follow those of the Directive (see box, p 158). The opt-out favoured by the government refers to Art 22 of the Directive (see reg 4) which permits an employer to require a worker to work more than 48 hours for each seven day period over the reference period of 17 weeks—or over 52 weeks through a collective or workplace agreement—though only if the employer has first obtained the worker’s agreement.
The UK is the only member state to make wide use of the individual opt-out. In other member states companies’ use of the opt-out is primarily concentrated in the health sector. The opt-out
