It appears that the opt-out from the 48 hour working week will remain in force for the foreseeable future as the latest round of talks between the European Council of Ministers, European Commission and European Parliament has failed. The main stumbling blocks to agreement being the opt-out and the treatment of on-call time.

The proposed revised Directive officially failed when the conciliation period came to an end in May. Although the European Commission can put forward another proposal to amend the Directive, it is difficult to see how any changes will be made to the opt-out given the opposition to it being removed.