The failure of MEPs and EU governments to agree on a draft Directive amending the 48 hour individual opt out and ‘on call’ time rules means the opt out stays in force probably for many years and without fresh restrictions (on how and when it can be signed and on annual renewal). This is good news as it applies to around 120,000 hospitality employees.
Employees can still be asked to “opt out” and so work more than 48 hours a week, but continue to have the right to reject this request or change their mind on no more than three months’ written notice, without suffering any adverse treatment as a result.
This will be good news for employers because the "opt-out" is used widely throughout the UK. It will help businesses in the current economic climate and alleviate additional burden on employers and allow employees’ the choice to work extra hours to earn more money.
The downside to this though is that it means that the proposals to give employees extra protection by preventing unscrupulous employers exploiting the opt-out system, have been shelved, for the time being at least.
Disclaimer: the contents of this blog are not intended form the basis of legal advice. Independent legal advice should be taken from your own solicitor for all cases.
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