2003Industrial Law JournalRequires access

Opting Out of the 48-Hour Week: Employer Necessity or Individual Choice? An Empirical Study of the Operation of Article 18(1)(b) of the Working Time Directive in the UK

Catherine Barnard

Open publisher page 56 citations

Abstract

The EU Working Time Directive has so far had little impact on an ingrained culture of long-hours working in the UK. Case studies suggest that the use of individual opt-outs from the 48-hour limit on weekly working time is a principal reason for this. However, removal of the individual opt-out (currently under consideration at EU level) is unlikely to make much difference to UK practice in the absence of a wider review of working time policy. In particular, the UK's individualised system of workplace bargaining is currently ill-placed to adapt to a continental European model of working time regulation.

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What this paper is about

The EU Working Time Directive has so far had little impact on an ingrained culture of long-hours working in the UK. Case studies suggest that the use of individual opt-outs from the 48-hour limit on weekly working time is a principal reason for this. However, removal of the individual opt-out (currently under consideration at EU level) is unlikely to make much difference to UK practice in the absence of a wider review of working time policy. In particular, the UK's individualised system of workplace bargaining is currently ill-placed to adapt to a continental European model of working time regulation.

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Available abstract

The EU Working Time Directive has so far had little impact on an ingrained culture of long-hours working in the UK. Case studies suggest that the use of individual opt-outs from the 48-hour limit on weekly working time is a principal reason for this. However, removal of the individual opt-out (currently under consideration at EU level) is unlikely to make much difference to UK practice in the absence of a wider review of working time policy. In particular, the UK's individualised system of workplace bargaining is currently ill-placed to adapt to a continental European model of working time regulation.

Key concepts: Directive, Working time, Opting out, Empirical research, Demographic economics, Economics, Labour economics, Actuarial science

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Opting Out of the 48-Hour Week: Employer Necessity or Individual Choice? An Empirical Study of the Operation of Article 18(1)(b) of the Working Time Directive in the UK — Research Paper | ScholarLens