| Topic Index |
|---|
| Overview |
| Limits on hours worked |
| Opting out |
| Rest breaks |
| Night work |
| Annual leave |
| Enforcement |
| Resources |
Overview
- The Working Time Regulations (WTR) govern the health and safety requirements on employers as regards limits on hours worked, rest breaks, statutory holiday entitlement, and organisation of working time.
- The WTR apply to the wider category of 'workers' as well as to employees. They apply to those who work under a contract of employment and to those who work under any other contract where the individual performs work personally for another party (as long as the other party is not a customer or client of any business or profession undertaken by the individual).
- The WTR do not apply to the genuinely self-employed but they do apply to agency staff and freelancers who are categorised as 'workers'.
- The WTR also do not apply to people whose working time is not measured or predetermined or if the working time can be determined by the worker himself. This would include such people as managing executives and other people with autonomous decision-taking powers.
Limits on hours worked
- Employers must take reasonable steps to ensure that a worker’s working time does not exceed 48 hours for each 7 days, averaged over a period of 17 weeks.
- The period over which the time is averaged can be extended in special circumstances to 26 weeks. It can also be extended to 52 weeks by collective or workforce agreement.
- Working time will count towards the calculation of the 48 hours if the worker is working, at his employer’s disposal and carrying out his activities or duties.
- Workers who are 'on call' are considered to be working for the purposes of the WTR when they are at their employer’s premises. If they are 'on call' from home, they will only be 'working' if they are actually called out.
- Time spent on a work-related training course will also count as working time.
Opting out
- A worker can 'opt out' of the 48-hour average weekly limit provided this is agreed in writing and in such a way that the worker can bring the opt out to an end.
- The agreement can provide for a notice period of up to 3 months; if no notice period is stated, the notice period will be 7 days.
- Employers must keep a record of every worker who has signed an opt out agreement.
- Despite pressure in Europe to end the UK's opt out, it remains in place for the foreseeable future.
- See the Working hours section of Policies and Documents for a specimen working time opt out agreement (subscribers only).
Rest breaks
- Workers are entitled to the following rest periods:
- a work rest break of at least 20 minutes where daily working time exceeds 6 hours
- a daily rest period of 11 consecutive hours in each 24-hour period
- a weekly rest period of 24 hours in each 7-day period (which may be taken as 48 hours in each 14-day period)
- Collective or workforce agreements can be entered into to modify the provisions relating to in-work, daily, and weekly rest periods provided compensatory rest is given instead.
Night work
- Generally, a night worker's normal hours of work must not exceed an average of 8 hours for each 24 hours.
- A night worker cannot opt out of the night work limit, but the limits can be modified or excluded by a collective or workforce agreement.
- The standard reference period over which a night worker's hours are calculated is 17 weeks.
- Employers must provide free health assessments for night workers.
Annual leave
- The statutory minimum entitlement under the WTR is 5.6 weeks (28 days for someone working a 5-day week, including bank holidays).
- Annual leave under the WTR may be taken in instalments but only in the leave year in respect of which it is due. However case law developments would seem to indicate that, despite the general prohibition on carrying over leave from year to the next, this is now a real possibility.
- Workers wanting to take leave need to give notice of at least twice the length of the leave requested.
- An employer can ask that the leave is deferred, provided it tells the employee in advance, giving notice which is at least as long as the leave requested.
- It is unlawful under the WTR to pay holiday pay as part of the hourly rate of pay (so-called 'rolled-up holiday pay').
- Workers continue to accrue paid statutory holiday throughout sick leave, irrespective of the length of such leave, and are entitled to a payment in lieu of such leave (if they have been unable to take it), on termination of employment.
- See also Holidays.
Enforcement
- Employers can face criminal sanctions for failure to comply with the WTR.
- The regulations, in as far as they relate to maximum weekly working time, night work, and health assessments for night work, are enforced by the Health and Safety Executive (or local authority officers depending on the industry sector of the employer).
- Workers can complain to an employment tribunal that they have not been given their entitlements under the WTR; there is no upper limit on compensation.
- Workers can also complain that they have suffered a detriment for asserting an entitlement under the WTR.
Resources
DirectgovWorksmart (TUC)
Subscribers only - 
