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01 February 2007 / Tess Gill
Issue: 7258 / Categories: Features , Employment
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No limits?

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

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Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
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