Employers will be under a duty from next year to provide time and amenities for employees to undertake compulsory exercise in a move by Europe to tackle obesity. Also intended to encourage teamwork and creativity, the directive will be enacted in the next parliamentary Session, expected to be known as the Physical Exercise, Development and Leisure (PEDaL) Regulations.
Employers will be obliged to provide employees with a 30 minute exercise sessions per day, the time of such session to be at the company's discretion. There is no stipulation at the present time as to which exercise is recommended. Participation in the scheme will be compulsory for all affected employees. Failure to engage may lead to disciplinary sanctions and repeated failure might result in dismissal.
Current recommendations include:
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Pedometers to be issued to all employees and a weekly target of 50,000 steps will be compulsory;
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Laptops mounted on treadmills and exercise bikes assisting office workers in meeting their targets whilst working;
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Weekly weigh-ins and BMI tests with results to be posted online;
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Fines for individuals and companies who fail to meet government targets.
Similar to the Working Time Regulations, again introduced by Europe in 1998 and which compel employers to limit the working week and dictate when and how long rest breaks must be, the new Regulations will carry both civil and criminal penalties for companies which disregard them, with fines of up to £3,000 per employee. Initially the Regulations will only apply to public authorities and companies with over 150 employees, extending to smaller companies over the next two years
Mark Serby, an employment partner at Wake Smith & Tofields comments; "Companies are being encouraged to provide physical stimulation for employees who spend many hours sat behind desks or stood on the factory floor. Rather than being concerned with the potential consequences of non compliance and falling at the first hurdle, employers should be turning their minds to how their business can benefit from these Regulations. Inter-departmental competitions akin to school sports days are expected to be popular; however employers will also have to conduct risk assessments for some more adventurous activities such as rounders and football. Office based activities will be more manageable, with computer programmes such as pilates and yoga instruction expected to be standard.
"Where there is a breach of the Regulations, employees will be able to exercise their right to bring a claim against their unfit employers in the Employment Tribunals. We will soon learn how the tribunal's discretion will be exercised."
The legislation has been welcomed by the NHS and other health organisations but has already sparked concern across the business community. The Department of Health recommends that adults should get 30 minutes moderate exercise, five days a week. But the annual Health Survey for England (HSE) reveals today that 94% of men and 96% of women do not achieve it. It is hoped that by incorporating these recommendations in to the working day will assist in relieving the burden on the healthcare budget.
Inter department competitions and better use of office space has the opportunity to provide extra stimulus as well as promoting a healthy work life balance and a sense of fun. Great strides have already been made in France and Lichtenstein where there is already a tradition of workplace work-outs and lunchtime leisure pursuits including petanque and office orienteering. A recommendation outlawing the use of lifts is likely to meet opposition from some groups.
Full details of the Regulations are expected to be released by the Government imminently, initially as a White Paper prior to the election with implementation commencing in April 2011. The Government is keen to have a structured programme in place by the Olympics in 2012, no doubt with an eye to improving Great Britain's chances on the medals table.
