Court heaps pressure on London over EU working hours

An EU court ruling on rest periods is likely to increase the pressure on London to scrap its opt-out from working time rules.

The EU’s Working Time Directive obliges employers to ensure that their workers benefit from specific minimum rest periods – 11 hours per 24-hour period and at least 24 hours per seven-day work period.

These working time rules became part of national UK law in 1998, but with one key alteration.

According to a set of UK guidelines designed to help companies comply with the new rules, “employers must make sure that workers can take their rest, but are not required to make sure they do take their rest”.

The European commission contested London’s interpretation of the rules, claiming that the guidelines encouraged companies to breach EU laws, and took the British government to the EU court in Luxembourg.

The judges on Tuesday backed the commission’s contention that member states were obliged to ensure that employers guaranteed the specified rest periods, which had been put in place for health and safety reasons.

The guidelines published by the British authorities, it said, made “the rights enshrined in the directive meaningless” and were “incompatible with its objective”.

British MEPs have criticised the court’s decision, claiming that it will cost jobs.

“This is a kick in the teeth for British workers who may want to work longer hours to pay for extra bills or family holidays,” said centre-right deputy Syed Kamall.

“While many people have a healthy work-life balance, others may choose to put in extra hours to achieve their ambitions. Telling British employers to send them home against their will is nonsensical.”

“In cases where this measure makes workers less productive, it could cost them their jobs.”

Kamall also backed Britain’s opt-out from the 48-hour working week, the most important element of the Working Time Directive, warning the UK authorities to stand firm under a concerted attack on the “flexible work place”.

“The opt-out is on very shaky ground and the court is forcing the government to devise stricter guidelines,” he said.

“At a time when many British businesses want to be moving towards more flexible working practices, the noose of the Working Time Directive is tightening around their necks.”

London is under increasing pressure from other national capitals, led by Paris and Stockholm, to scrap its opt-out and implement the 48-hour working week in line with the directive.

They argue that scrapping the opt-out would create a level playing field in the EU job market and ensure greater health and safety protection for all workers.

The commission has proposed a seven-year phase out of the clause, while the European parliament wants to see it disappear more quickly – within three years.

But the most recent discussions on the dossier, back in June, ended in stalemate, despite optimism that a compromise package negotiated by Austria would break the deadlock.

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