Working Time opt-out set to stay

Workers in the UK could retain their right to opt out of the maximum 48 hour working week, if a package agreed by ministers in Europe in June becomes law.

The UK's "opt out" provisions have been attacked by other EU members for many years, but a package of proposals was agreed by ministers during June which will allow it to remain in place - subject to certain conditions.

Among the proposed conditions are:

• No employee may sign an "opt out" within the first month in a job;
• An absolute maximum of 60 working hours per week, but this is subject to national regulation.

The proposals have still to be approved by the European Parliament, and are unlikely to come into force until Autumn 2009.

The changes are likely to affect how employers operate the "opt out" and Mentor consultants will advise on specific action you should take as soon as it is clear how the law will work.  For all Working-Time enquiries, please call the Mentor Employment Law Advice Service on 0870 523 8473 or contact your Employment Law Consultant direct.  Maximum call charge from a BT landline is 6p plus up to 6p per minute.  Business rates and calls from other networks may vary.