WORKING TIME DIRECTIVE OPT-OUT

The current opt-out from the EU’S working time directive gives individuals in the UK the right to work more than the 48 hour weekly working cap if they choose to do so and confirm this choice in writing.

Sir John Major secured a British opt-out on the Working Time Directive when it was drawn up in 1993 as part of the Maastricht Treaty. But Tony Blair then opted into the directive in 1998, with the compromise that workers could individually volunteer to be excluded from the 48-hour rule. Workers generally sign the opt-out with their contract of employment.

Labour says the postbrexit environment is an opportunity for change. The repatriation of powers from Brussels could allow an end to the current “opt-out”, as employment law and health and safety competency is devolved from the EU and UK to Scotland.