header-logo header-logo

No limits?

01 February 2007 / Tess Gill
Issue: 7258 / Categories: Features , Employment
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll