Opt-out plans surveyed

Preliminary results of the latest ECA survey into opting-out of the 48-hour working week reveal that member companies are willing to work with the UK Government to find a middle ground in the ongoing battle with Brussels over the opt-out.

The latest raft of conditions being considered by the Government in order that the UK can retain the opt-out include:

• a ban on asking employees to sign an opt-out agreement before their first day of employment;
• introducing a time limit on the life of an opt-out agreement;
• allowing individuals to withdraw from an opt-out agreement with only one month’s notice;
• a requirement for employers to carry out risk assessments for individuals who wish to work for more than 48 hours per week;
• a requirement that employers offer health assessments to employees who opt-out.

ECA employee relations adviser Steve Brawley says: “The European Commission is seeking to prevent potential abuse of the opt-out. It is meant to be voluntary and we understand that. But, from a British perspective, both companies and employees are keen to maintain the opt-out and continue to work overtime.”

Survey results reveal that the vast majority of firms responding are happy to accept that operatives should not be asked to sign up to an opt-out before being employed; a one year time limit on any opt-out agreement; and, a one month notice period for withdrawal from an opt-out agreement.

However, members were not convinced of the benefits of risk and health assessments as conditions for retaining the longer working week. Brawley explains: “Risk assessing long hours creates complexities that are not easily quantified. Assessing how many hours is too many is all dependent on what an individual is doing. And, the consequences of over-working are different depending on the job type. It is not easily quantifiable.

“With regards to the health assessment proposals, which are essentially a tick-box form filled in by employees, the industry already offers health assessments free of charge with BUPA under the JIB. Employees and employers can opt for these rigorous checks if they feel the need. The tick-box health assessment proposal throws up a number of issues, the most important of which is that it is open to abuse. In our culture of voluntary overtime, employees could fill in forms dishonestly and hide possible problems in order to continue working longer hours.

“These assessments are not true measures but paper exercises: further burdens that we don’t think necessary to impose on companies. We will be discussing their inclusion further.”

The ECA has since met with the DTI, where it put forward views from the survey. Brawley says: “We are very confident that the Government is supportive of a retention of the opt-out. It is just a case of finding out what is workable in relation to conditions attached to that opt-out of the 48-hour working week.”