The Working Time Regulations

The Working Time Regulations came into force in the UK in October 1998.

The Regulations have introduced some new fundamental rights for workers, which are summarised here. As with all legislation there are exceptions and anomalies and the details contained here are only a rough guideline. The particular areas of likely interest are:

• the maximum 48 hour week

• compulsory rest breaks

• paid annual leave

The Maximum 48 hour week

Under the legislation an employer cannot compel an employee to work more than 48 hours per week over a 17 week period, unless the worker has agreed to do so in writing. Such an agreement can only be reached on an individual basis. “Working time” is defined as when a worker is “working, at his employer’s disposal and carrying out his activities or duties” – all three elements must be present. If the employer insists upon the employee working more than the average 48 hours the employee can complain to an Employment Tribunal and if upheld can claim unfair dismissal.

Compulsory Rest Breaks

Adult workers are entitled to 24 hours off in each 7 day period and young workers (15-18) are entitled to 2 days in 7.
In addition adult workers are entitled to at least 20 minutes uninterrupted rest if their working day is longer than 6 hours, and they must have at least another 11 consecutive hours in each period of 24 hours worked. Young workers are entitled to 30 minutes rest if their working day is over 4.5 hours long, and not less than 12 consecutive hours rest in each 24 hour period.

Paid Annual Leave

All workers are entitled to paid holiday from the day they start work at the rate of 1/12 of their annual entitlement per month worked.

As from April 2009 all workers are entitled to 28 days paid leave annually (up from the previous 20 days).

It should be noted that there is no legal right for employees to be given Bank and Public Holidays. Therefore where a worker is paid for these days, they will count towards their annual leave entitlement.

For more information see HERE