The information contained here is to raise awareness of the
Working Time Regulations. We hope it is of use to you, although
it is only a summary. For full information, please refer to
‘Your Guide to the Working Time Regulations –
Workers and Employers’ July 2003, which is also available
at: Working
Time Regulations
Who is affected?
These regulations apply to workers. A worker is someone
who is paid to work for an employer (includes most agency
workers, freelancers and trainees).
Working Time
- Working time includes travelling (where it is part of
the job), working lunches, on-call time or job-related training.
- Working time does not include travelling between home
and work, lunch breaks, evening classes or non job-related
training.
- Workers cannot be forced to work for more than 48 hours
a week, on average, although they can opt-out and agree
to work more than this limit (see full publication).
- A Night worker is someone who works at least three hours
at night. Night workers should not work more than eight
hours daily, on average. (This can be averaged out, working
longer periods over fewer days). A Night worker cannot opt-out
of the night work limit.
Rest
- A worker is entitled to 11 uninterrupted hours between
each working day.
- A worker is entitled to one whole day off a week. Days
off can be averaged over a two-week period, meaning workers
can take two days off a fortnight.
- If a worker is required to work for more than six hours
at a stretch, they are entitled to a rest break of 20 minutes.
This should be taken during the six-hour period, not at
the beginning or end of it.
Paid Annual Leave
Every worker is entitled to four weeks’ paid
annual leave. A week’s leave should be the same amount
of time as a working week. This entitlement is NOT additional
to bank holidays. There is no statutory right to take bank
holidays off. Employers can set the times that workers take
the leave (for example, for a Christmas shutdown).
Rules for Young Workers – (A young worker is
aged between school leaving age and 18)
- Young workers may not ordinarily work more than eight
hours a day or 40 hours a week. These hours cannot be averaged
out and there is no opt-out available.
- Young workers may not ordinarily work at night between
10pm-6am or 11pm-7am. Exceptions are as follows: young workers
may work through the night if they are employed by hospitals
or similar, or in cultural, artistic, sporting or advertising
activities. They can work up to midnight or from 4am if
they are employed in agriculture, retail, postal or newspaper
deliveries or catering.
- Workers undertaking night work should be offered a health
assessment. Special consideration should be given to young
workers’ suitability for night work, taking account
of their physique, maturity and experience.
- A young worker is entitled to 12 uninterrupted hours in
each 24-hour period in which they work. The rest may be
interrupted if periods of work are split up over the day
or do not last long.
- Young workers are entitled to two days off each week.
This cannot be averaged over a two-week period and should
normally be two consecutive days.
- If a young worker is required to work more than 4.5 hours
at a stretch, they are entitled to a rest break of 30 minutes.
It is up to the worker and the employer to agree whether
these breaks are paid.
How are regulations enforced?
Enforcement is split between different authorities. The limits
are enforced by the Health and Safety Executive (HSE) and
local authority environmental health departments.
For help you can call ACAS (Advisory, Conciliation and Arbitration
Service) on 08457 474747, or the HSE Infoline on 08701 545500.
Alternatively, contact Environmental Health at the Northampton
Borough Council on 01604 233500.
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