§ Dr. CableTo ask the Secretary of State for Education and Skills what assessment has been made of the effect of the Working Time Directive on her Department's employees; how many employees are working in excess of 48 hours per week; what steps she is taking to reduce this number; and if she will make a statement. [35898]
§ Mr. Ivan LewisUnder the Working Time Regulations the Department is required to
inform employees that they cannot be forced to work for more than 48 hours a week on average over a 17-week period and that they can only opt out of the limit by signing a written agreement;keep opt out records for two years;check how much time each employee spends working and monitor those close to the working limit;keep records of night workers and offer regular health assessments; andcheck that the Department has complied with the new regulations on night work, time off, rest breaks and paid annual leave.In line with these responsibilities, staff were informed that there is no obligation to work more than 48 hours per week over a 17-week period but they can volunteer to do so by signing a written agreement. We instructed managers that they must avoid imposing workloads or setting deadlines that oblige their staff to work excessive hours unless it is necessary to meet operational need. In addition, we required local managers to check on staff who may work close to the limit and make arrangements to reduce hours wherever possible.Copies of all opt out agreements are kept for two years and currently cover two per cent. of the workforce. We also confirmed that employee terms and conditions already covered the requirements in the regulations relating to night work, time off, rest breaks and paid annual leave. The percentage of staff opting out is reviewed regularly to ensure that the number required to work in excess of the limit is kept to the absolute minimum.