Working Time Directive (Hansard, 11 December 2003)

§ John Barrett
To ask the Secretary of State for Trade and Industry what estimate she has made of the number of workers who work more than 48 hours a week but who have not signed the opt-out to the 48-hour average working week limit. [142606]

§ Mr. Sutcliffe
A survey of workers' experiences of the working time regulations conducted on behalf of my Department in 2001 estimated that three quarters of long hours workers had not signed a written agreement with their employer to opt-out of the 48-hour average working week limit. Also, the Second Work-Life Balance Study: Employees Survey carried out in early 2003 estimates that 70 per cent. of employees who usually or were contracted to work more than 48 hours per week had not signed a written agreement to opt-out of the 48-hour average working week limit. Some of these employees would not have been required to sign an opt-out as not all would have worked over 48 hours per week on average over the 17 week reference period, some would have been autonomous workers and others would have been in sectors or occupations that were excluded from the regulations at the time of the surveys.

§ John Barrett
To ask the Secretary of State for Trade and Industry what steps are being taken to increase the awareness of the 48-hour average working week limit among workers. [142607]

§ Mr. Sutcliffe
Guidance on the Working Time Regulations, which includes a comprehensive chapter on the weekly working time limits is available on the Department of Trade and Industry website. In addition the Advisory, Conciliation and Arbitration Service (ACAS) operate an inquiry helpline on all employment related legislation, including the Working Time Regulations. As part of their work, the enforcing agencies also play a role in educating employers and workers on the working time limits.

§ John Barrett
To ask the Secretary of State for Trade and Industry what assessment she has made of the numbers of workers who are unaware of the 48-hour average working week limit. [142608]

§ Mr. Sutcliffe
A survey of workers' experience of the working time regulations conducted on behalf of my department in 2001 estimated that around 30 per cent. of workers were unaware of laws regarding the number of hours people can work each week.

§ John Barrett
To ask the Secretary of State for Trade and Industry if she will estimate the number of workers whose conditions of employment included a requirement to opt out of the 48-hour average working week limit. [142609]

§ Mr. Sutcliffe
Employers are required to keep a record of workers who have opted out of the 48-hour average working week limit. As there is no requirement to report opt out agreements to anyone other than the parties concerned, there are no official estimates of the numbers of workers whose conditions of employment included a requirement to sign an opt out. However, workers who have agreed to opt out of the weekly working time limit retain the right to end the agreement at any time subject only to a notice period of a maximum of three months.
568W

§ Mr. Bellingham
To ask the Secretary of State for Trade and Industry if she will make a statement on the future of the UK's individual opt-out from the Working Time Directive. [142847]

§ Mr. Sutcliffe
The European Commission's Communication on the opt-out is expected shortly. The Government hope that the Communication will present a range of options on the opt-out that can be discussed with UK social partners.
UK is firmly committed to reducing working hours, demonstrated by the work/life balance campaign, but the problem is workplace culture rather than a lack of laws. Work/Life balance is not just about long hours but about providing individual workers with choice over their hours or pattern of work and ensuring that they are not disadvantaged by their choice.