Working Time Regulations
The regulations
The Working Time Regulations came into force on 1 October 1998 and give workers certain rights regarding the hours they work and entitlements to time off. They do not apply to self employed people who control their own work and hours and, in general, workers in the air, rail, road and water transport industries and offshore workers.
48 hour working week
With out an opt-out clause in the contract of employment no worker can be forced to work more than forty eight hours a week (averaged over 17 weeks, or longer). Travelling to and from work, lunch breaks etc are not included in the average.
A worker can't be forced to sign an opt-out clause, or have acceptance of it as a condition for employment. Given suitable notice a worker can cancel any opt-out clause they may have signed with out consequence.
Young workers
A young person is older than school leaving age and under 18 years old. They are only allowed to work a total of eight hours a day and forty hours a week. A week runs from Monday to Sunday. The hours can't be averaged out over a period. If the worker has more than one employment the hours worked elsewhere form part of the maximum hours allowed. It is up to you to find this out.
If working nights Employers must ensure that young workers do not work between the hours of 10 pm and 6 am or, if the worker's contract requires work to be performed after 10 pm, between 11 pm and 7 am. There are limited exceptions to these rules.
Night workers
Night workers are entitled to free health assessments before commencing and throughout their period of night work. They are also entitled, with no detriment, to be transferred to day work for health reasons.
A night worker, to be classed as such, must work for three hours between 11pm and 6am or the period worked be at least seven hours long and include the hours between midnight and 5am (by agreement only). In any twenty four hour period a night worker should not work more than eight hours (averaged over 17 weeks, or longer), if the work involves special hazards or heavy physical or mental strain the period is per night and is not averaged.
Time off and rest breaks
All breaks are unpaid. The length and frequency depend upon the age of the worker and the length of the work period. The regulations cover both rest periods whilst working and periods of time off between working days.
Workers 18 years and older must have a minimum of 11 hours between each work day and one whole day off each week (fortnightly average). If the working shift exceeds six hours they are entitled to an uninterrupted twenty minute break.
Workers between minimum school leaving age and under 18 years old must have a minimum of 12 hours between each work day and two whole day off each and every week (not averaged). If the working shift exceeds four and a half hours they are entitled to an uninterrupted thirty minute break.
Annual leave
All workers are entitled to four weeks paid leave every year. A holiday week is the same as the workers normal working week. The holiday year period should be stated in the contract of employment. There is no entitlement to carry over accrued holiday from one year into the next, and holidays can't be paid in lieu of being taken except when an employee is leaving.
Although not part of the WTR, the eight bank holidays must be added to the statutory holiday entitlement if not paid when not worked or paid at the normal rate when worked. Until April 2009 these eight days may be paid in lieu of being taken, after April 2009 they must be physically taken off.
Holidays accrue from the first day of either the workers employment or the holiday year to the last day of the holiday year or the workers employment with each months accrued amount being available to take from the first day of the month it will be accrued in. Agreements can be made to allow un-accrued holiday to be taken and then play catch up, if the worker then leaves an adjustment equal to any excess days taken can be made in the final pay.
Holiday notice rules should be stated in the contract of employment. Failing this, the notice period required, from both employee and employer, is twice the length of the proposed holiday prior to its commencement. The employer can refuse the employees' request as long as the employee is informed prior to half the notice period being served, i.e. 2 weeks holiday requires 4 weeks notice and can be refused up to two weeks before being taken.
Agreements
Collective, between a trade union and an employer, or workforce agreements, written, in effect for no more than five years and signed by all the representatives or the majority of the workforce can vary night time limits, rest breaks and periods (for compensatory rest) and the averaging period.
Special circumstances
Except for annual leave, if it is not possible to measure the working time or the worker decides how long they work these regulations do not apply. If part of the time is measurable then the regulations will apply to that part.
Some shift workers are exempt from the rest and break provisions due to the nature of their work, so long as compensatory rest is given.
Where the amount of work varies with the season, in emergencies, surveillance work etc, the averaging period can be extended to twenty six weeks and compensatory rest is given.
