| Title: Working Time Directive | Type of material: Adapted |
| Author: Ad van der Rest | Adapted from: dti guidelines on the working time directive and employee law information in People Management and Personnel Today. |
| Date written: 1999 | Date modified: n/a |
The Working Time Regulations are causing debate and the issue of bureacratic time measurement systems, though it doesn't have to be that way. Unless workers fall into certain jobs or regularly run the risk of working too long hours, then all should be fairly straightforward. This section contains a key-points summary and the full guidance notes.
These notes summarise key aspects of the Working Time Regulations.
Employer are responsible for keeping working hours within the
Regulations and may need to change working practices as a result.
Summary of the Regulations
The Working Time Regulations set :
The regulations apply to workers other than the genuinely self-employed,
and those working in transport, offshore work, junior doctors,
and emergency and armed services.
Meeting the regulations is down to whoever pays the employee.
The terms may in some areas be ammended by collective or workforce
agreements.
Where Employees are denied these rights they can seek redress
through an Employment Tribunal.
Working time limits
An employer is required to take all reasonable steps to ensure
that workers do not work more than an average of 48 hours a week
over a 17-week period. This averaging period may be extended in
certain circumstances. Working time is counted as time actually
working, not travelling to work, being on call, etc.
Employees with more than one job are covered, so find out what
other jobs they do, they may want to opt out of the regulations.
An employee may choose to agree to work more than the 48-hour
average weekly limit. Their opt-out must be in writing and must
allow them to opt back in, given a notice period.
Records must be kept about who has opted out, and under what conditions.
The actual working hours of employes need only be monitored exactly
if there is a danger that the limits are exceeded, if not, measurements
can be more straightforward, though simple compliance with the
regulations will itself need to be recorded. In many cases, measurements
already made in the normal course of work will serve. Records
must be kept for two years.
Night work limits
An employer is required to take all reasonable steps to ensure
that the "normal" hours of their night workers does
not exceed an average of eight hours for each 24 hours over a
17-week period. The averaging period may be extended in certain
circumstances.
Adequate records must be kept to show compliance.
An employer must offer a free health assessment to any worker
who is to become a night worker.
Rest periods
A worker is entitled to an uninterrupted break of 20 minutes
during work time when daily working time is more than six hours.
A worker is entitled to a rest period of 11 consecutive hours
between each working day.
A worker is entitled to an uninterrupted rest period of not less
than 24 hours in each 7-day period. This may be averaged over
a two-week period i.e. a worker is entitled to two days' rest
over a fortnight.
Daily rest and weekly rest are separate entitlements which should
be taken consecutively. Weekly rest is also to be additional to
any paid annual leave.
Workers under 18 are entitled to longer daily and weekly rest
periods.
Paid annual leave
A worker is entitled to at least three weeks' paid leave each year, rising to four weeks after 23 November 1999. This applies to workers with 13 weeks service. Public holidays can be counted as part of the entitlement.
Exceptions and flexibilty
The dti guidance notes offer a more full explanation.