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48-Hour Opt Out Under Review

The long overdue review of the UK's opt-out from the 48-hour cap on working hours is underway led by the European Commission.

So in reality, it would not take much to show a greater willingness to cooperate with the rest of the industry.

Ever since the Working Time Directive was introduced into UK law in October 1998 trade unions including BECTU has campaigned to strengthen the implementation of the legislation to bring about real improvements to health and safety at work.

However whilst BECTU won a landmark case in the European courts which proved that the government had failed to implement the provisions on annual leave properly, domestic efforts to limit the long-hours culture which is rife in broadcasting and film have so far proved less successful.

BECTU's submission to the review calls amongst other things for the 48-opt out to be removed altogether and for contracts which make the opt-out a condition of employment to be ruled out of order. The TUC's submission to the review draws on experience of the ill-effects of the 48-opt across industry and cites case studies presented by BECTU.

The TUC is critical of weak enforcement provisions in the UK and states "the UK still has an entrenched long-hours culture with an incidence of long hours working that is twice the EU average, UK full-time workers work the longest hours in the EU and our workers suffer from a high incidence of all of the ailments that are associated with working excessive hours, such as heart problems, stress and depression"

The TUC also states the long-hours culture has ill effects in a number of other important areas beyond health and safety namely:

  • Labour productivity
  • Recruitment, retention and motivation
  • The position of women in the labour market
  • Family life and children's upbringing
  • The development of a healthy work-life balance
  • Collective bargaining

PACT the employers organisation for independent film and TV production is calling for the retention of the opt-out which it regards as necessary to the flexibility of the industry and they are being supported in this by ITV plc despite the admission recently by a senior executive that working hours on its most valued programme are "horrendous".

The European Commission is due to rule on the future of the opt-out in the UK later this year.

31 May 2003
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