Law firms' freedom to opt out of the European Working Time Directive could be considerably shackled under proposals in a Department of Trade and Industry consultation launched last week.

The consultation – which revealed that employees in professional occupations were the most likely to want to accept less pay for shorter hours – suggests imposing a maximum hours cap for employees who choose to opt out of the 48-hour limit on the working week.


Under the proposals, solicitors and other employees who opted out of the directive would be subject to health checks, with employers forced to undergo a risk assessment before workers were permitted to opt out.


To highlight that workers have a free choice, law firms and other employers would no longer be able to include an opt-out clause in employment contracts, or ask employees to opt out of the directive at the same time as signing the contract. There would be a time limit on any opt-out agreement to allow employees to change their minds at a later stage.


A survey of employee attitudes conducted as part of the consultation revealed that 34% of workers in professional occupations would prefer to work shorter hours for less pay – more than in any other sector. Some 73% of professionals said they would generally prefer shorter hours.


Leading employment lawyer Ronnie Fox, senior partner of City firm Fox Williams, said: 'This is yet another example of red tape on employers. In many law firms, accountancy firms and financial services organisations, the opt-out is simply part of the signing on documentation. That is not a bad thing – it is in the nature of legal practice. This is a service industry, where the clients are in control.'


Stefan Martin, an employment partner at City firm Allen & Overy, said: 'Fortunately the government has recognised that there are more sensible options than abolishing the opt-out clause altogether. If you look at France, for example, [where it is not possible to opt out of the directive], lawyers in the French law firms are not working significantly shorter hours.'