New bid to ease burden on overworked Brits

EUROPEAN legislation designed to give overworked Brits more time with their families isn't working, according to a report by the TUC.

Despite the introduction of the European working time directive, it claims, almost four million people in Britain are now working more than 48 hours a week - 350,000 more than a decade ago. The average working week in Britain is now 43.6 hours, compared to a European average of 40.3 hours and a limit of just 35 hours in France.

According to the TUC, that is not only putting a strain on employees' health and family life, it can be dangerous too.

"Transport workers and junior doctors are two types of worker who we particularly do not want to be tired," says a TUC spokesman.

What's more, long working hours make poor business sense, according to the TUC. Countries such as France, Italy and Germany all have shorter working weeks than the UK, but better productivity.

"Other countries produce more, earn more and work far shorter hours. We should, and can, do the same if employers, unions and the Government work together," says TUC general secretary John Monks.

The TUC claims an 'opt-out' clause in the European working time legislation, whereby British workers can sign a form saying they choose to work more than 48 hours, is partly to blame for the legislation's failure.

That, combined with low pay, poor productivity and a long-hours culture, sees many workers continuing to work more than the European 'maximum', it says.

To find a solution, the TUC plans to get representatives of business, the unions and Government around a table at a conference which starts today.

And it has warned employers that a review of the working time legislation to be carried out next year could lead to the legislation being toughened and the opt-out clause scrapped, whether employers like it or not.

Employers are not likely to give in easily - and the Government which will have to rule on whether to scrap the opt-out, may find itself caught between a rock and a hard place.

The Confederation of British Industry CBI claims scrapping the opt-out clause would be an intrusion by a 'nanny state' into the right of employees to work as long as they want.

"The CBI worked very hard to get the opt-out clause put in the legislation," says regional director for Yorkshire, Penny Hemming. "It is all about workers wanting the right to take their own decisions about working extra hours."

The TUC claiming a shorter working week led to improved productivity was simplistic, she added. The French had a reputation for being efficient and productive - but that was partly because the their workforce had 'much higher skills levels'.

The battle lines are drawn between the right to work long hours if you want to against the right to time for your family. And, as usual, the Government will be struggling to find some middle ground when it reviews the legislation next year.

York lawyer Tom Watkins, a specialist on employment law with solicitors Langleys, believes it is unlikely the Government will scrap the opt-out clause, whatever the TUC says. "It depends what kind of pressure Europe brings to bear," he says. "There may be some compromise, but I think it is unlikely they the Government will remove the opt-out completely."

For overworked, exhausted parents struggling to juggle home and family life next year may yet hold out some hope. Improvements to parental leave and leave for adoptive parents are to be introduced in April 2003 - and there is to be separate legislation entitling parents to request flexible working hours.

Mothers and fathers of children up to six years old will have the right to request a change in working pattern, and to have it 'seriously considered'.

A code of practice will detail the procedure to follow. Employees will be asked to submit their request in writing to their employer, who will then be required to arrange a meeting to discuss it. The employer will then have to respond to the employee in writing. If employers turn down a request, they will be required to set out their reasons for refusing.

It sounds good; and with the recent case of policewoman Michelle Chew, who won a ruling at an industrial tribunal that a policewoman had the right to refuse to work inconvenient shifts, it does appear that, very gradually, our work culture may be beginning to shift back in favour of the family.

Don't expect too much of the flexible working legislation, however. It doesn't apply to small businesses. And, in drawing it up, the Government has once again found itself trying to balance competing interests - so it is an inevitable compromise.

The law gives employees the right to request more flexible working hours, and says the employer must listen - but it doesn't say the employer has to agree. And if you're not satisfied and take your employer to an industrial tribunal, it won't be able to scrutinise the reasons an employer gave for refusing your request, only rule on whether your employer followed procedure or not.

So more form than substance, but even that is progress.

Updated: 10:28 Tuesday, February 05, 2002