Working Time Directive or 'Wed Tape Disaster'?

It was always a fair bet that the Working Time Directive (WTD) would bite the construction industry hard. It's not a typical nine-to-five business with a static location and a permanent staff, despite the growing trend towards off-site fabrication.

That's not to say that its employees should fall outside the protection of well-meaning, if rather one-size-fits-all, European employment legislation.

But it is alarming to hear a senior construction lawyer talk in terms of a "red tape nightmare", when describing the extra work that will be generated for construction managers by a European Commission ruling last week (see p1).

It decided to uphold a complaint by British union Amicus that our government has failed to implement the WTD adequately. And it has given Westminster just two months to comply fully.

The most significant consequence of all this is that any time worked voluntarily by staff beyond the 'maximum' 48-hour week will have to be carefully measured and recorded - not easy, quick or cheap for an industry with such a mobile, flexible workforce. How appealing is the prospect of ensuring all your site (and office) staff 'clock on and off' every day at the various locations they visit?

This may not actually be a problem for very long. It is likely to be overtaken next year by an even bigger problem for construction - the strict enforcement of the 48-hour-maximum working week and abolition of additional voluntary hours - which would exacerbate the effects of the current skills shortage and potentially threaten output.

This sounds like a task for Brian Wilson. He now has the word "construction" in his title (by his personal request, we understand), and will no doubt be keen to take on a major campaign on the industry's behalf. Over to you, minister.