The BIS have published an analysis paper which comprehensively reviews the available evidence to assess the impact of compliance with the European Working Time Directive, via the Working Time Regulations 1998, on the UK labour market. Key conclusions are as follows:

-The analysis suggests that the impact of the Working Time Regulations has mainly resulted in increased employment of workers doing shorter working weeks, rather than through a reduction in total hours worked.

– Survey evidence demonstrates that the majority of opted-out workers currently working above 48 hours would not want to reduce their hours if it meant less money.

– The principal concerns for employers are around court judgments in relation to: (a) holiday pay and non-guaranteed overtime/sales commission; (b) on-call time and compensatory rest; and (c) the interaction of sick leave with annual leave, where holiday entitlement cannot be taken.

Content Note

The aim is to provide summary information and comment on the subject areas covered. In particular, where employment tribunal and appellate court cases are reported, the information does not set out full details of all the facts, the legal arguments presented by the parties and the judgments made in every aspect of the case. Click on the links provided to access full details. If no link is provided contact us for further information. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, SM&B cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.