CHAPTER 10 The regulation of working time

The Working Time Regulations define limits on working time and provide for breaks and rest periods to ensure the Health and Safety of workers.

The Working Time Regulations (1998) implement both the Working Time Directive and aspects of the Young Workers Directive The regulation of working time The Regulations provide for a maximum 48-hour working week during a 17-week reference period. They provide rules for: – night-working – rest periods – annual leave.

Exclusions from the WTD Mobile workers are excluded from the regulations. They are: ‘any worker employed as a member of the travelling or flying personnel by an undertaking which operates transport services for passengers or goods by rail or air’. The armed or civil forces, such as the army or police Jobs in domestic service Doctors in training, for whom there are special arrangements. The regulation of working time

Defining a ‘worker’ A ‘worker’ is an individual who has a contract of employment or any other contract, whether express or implied and whether oral or in writing, whereby the individual undertakes to do any work or services for another party who is not a client or customer of any professional or business undertaking carried out by the individual. The regulation of working time

A ‘young worker’ is defined as an individual who is at least 15 years of age, over the compulsory school-leaving age, and who has not yet attained the age of 18 years. Regulation 36 deals with agency workers, who are not otherwise workers, by deeming the agency or principal to be the employer depending upon who is responsible for paying the worker. The regulation of working time

The working week Regulation 4 provides that working time, including overtime, must not exceed 48 hours per week (seven days) averaged over a reference period of 17 weeks, unless the worker has first agreed in writing to perform such work. This must be agreed by the worker individually, ‘expressly and freely’, and it is not enough for the contract of employment just to refer to a collective agreement which allows an extension. The regulation of working time

There are particular additional regulations covering how the working week for young workers and night workers is calculated. The regulation of working time

The employer is unable to insist that the employee works longer hours – but the employee is able to work longer hours and effectively opt out of the maximum working week provided that the agreement: is in writing relates either to a specified period or applies indefinitely The regulation of working time

may be terminable by the worker on seven days’ notice, unless a different notice period is specified (subject to a maximum of three months), and requires the employer to keep up-to- date records of all the workers who have agreed to opt out. The regulation of working time

Annual leave In any leave year a worker is entitled to four weeks’ paid leave. Originally, these four weeks included public and other state holidays, which meant that many workers only received 12 days’ annual paid leave plus the eight statutory bank and public holidays. The government amended this situation. As a result all full-time workers have been entitled to 28 days’ paid leave since April The regulation of working time

There are provisions for time off for trade union duties, and no minimum period of service is required before they can be exercised. Employers must permit employees who are officers of independent trade unions to take reasonable time off with pay to perform their duties. The regulation of working time

An employer must also permit a member of a recognised independent trade union to take reasonable time off during working hours for trade union activities and to represent the union. However, in the absence of any contractual term to the contrary, an employer does not have to pay for such time off. Trade union activities are not statutorily defined, although the code gives examples of legitimate activities. The regulation of working time

Time off during working time is also allowed for public duties as a member of a local authority or, for example, as a member of health, education or police or judiciary bodies. The regulation of working time

Employers need not provide pay for the time off. The amount of time off which is to be allowed and the occasions on which and conditions subject to which it may be taken are those that are reasonable in the circumstances. No code of practice exists for these purposes but what must be taken into consideration is: The regulation of working time

how much time off is required for public duty as a whole, and how much is required for any particular duty how much time off has already been permitted for trade union duties and activities the circumstances of the employer’s business and the effect of the employee’s absence on the running of it. The regulation of working time

The EAT has commented that an employee who undertakes a variety of public and other duties may have some responsibility to plan the absences from work, and to scale down the level of commitment to produce a pattern that can be regarded as reasonable in the circumstances. The regulation of working time

An employee representative for consultation over redundancies or the transfer of undertakings, or a candidate to be such a representative, or an employee trustee of a pension fund, is entitled to reasonable, paid time off during working hours. They also have the right not to be subject to detriment as a result of undertaking representative duties. The regulation of working time

Certain young employees have the right to paid time off for study for certain qualifications, and may have a right to compensation if they are denied it. The regulation of working time

A person continuously employed for two years who has been given notice of redundancy is entitled to a reasonable amount of paid time off to look for other work. The regulation of working time