Working Times Regulations 1998 Flashcards
When did the Working Time Regulations come into force?
The UK Working Time Regulations 1998 (WT Regulations’) came into force in October 1998 and are designed to implement the provisions of the Working Time Directive (1998) as amended by the WTD 2003.
Who does the Working Times Regulations apply to?
The WTR 1998 applies to “workers” and “employees” that is individual working under either a contract of employment or a contract personally to do or perform work of services.
It excludes self employed as they carry out work on their own account.
What is the purpose of the Working Times Regulations?
The Working Time Regulations 1998 provide protection for employees with regard to the working hours that their employer may legally instruct them to work, together with the minimum rest periods to be allowed.
The regulations specify requirements for:
Maximum Weekly Working Time (Maximum of 8 hours in any 24 hours averaged over a 17 week period)
Night Work
Daily and Weekly Rest
Annual Leave
How many hours can an employee work?
In the UK, the Working Time Regulations state that employees cannot work more than 48 hours a week on average:
- This limit applies unless the employee has opted out of the maximum limit
- The limit is normally averaged over 17 weeks
- Employees under 18 cannot work more than 8 hours a day or 40 hours a week
Can an employee work more than 48 hours a week?
To opt out of the 48-hour limit, an employee must:
Sign a written agreement that is separate from their employment contract
Give their employer written notice to end the agreement if they change their mind
What are the limitations on night work?
There are also limits imposed on night work (Regulation 6) and providing night workers with free health assessments at regular intervals (Regulation 7).
Due to the risks involved in night work, including fatigue and stress, the regulations make specific limits on the maximum hours to be worked.
Night workers in the UK are generally limited to an average of eight hours of work per 24-hour period, calculated over a 17-week period. Night workers cannot opt out of this limit.
Night workers cannot work more than eight hours in a 24-hour period if the work involves special hazards or heavy physical or mental strain.
There are some exceptions to these rules, including:
Emergency services
Employees working in emergency services, such as healthcare professionals, fire services, and police, may have their night work hours extended.
Special hazards
Night workers should also have the opportunity for a free health assessment before starting night work and at regular intervals. If a medical practitioner confirms that a night worker is suffering health problems related to night work, they should be transferred to suitable day work.
The WTD 2003 requires employees to keep records of the hours actually worked by employees who have opted out of the 48-hour limit but national legislation only requires that records of the opt-out agreement itself are kept
Workers can enforce the Regulations relating to daily and weekly rest and in work rest breaks and compensatory rest by presenting a complaint to an employment tribunal. Enforcement of the Regulations can be found in sections 28-32. ]
If an Employer breaks regulations, how can an employee claim?
The complaint must normally be made within three months less one day of the act or omission complained of (six months in respect of the armed forces).
Where a complaint is upheld the Tribunal can make a declaration and may make an award of compensation ‘such as the Tribunal considers just and equitable in all the circumstances’, having regard to the employer’s default in refusing to permit the exercise of the worker’s entitlement, and any loss sustained by the worker as a consequence of that default (Reg 30).
Workers are protected against detriment or discrimination connected with the Regulations (Reg 31).
In addition, employees who are dismissed for reasons connected with the Working Time Regulations will have a claim for automatic unfair dismissal (Reg 32).
Rule in SIMAP and Jaeger cases in 2000 and 2003
In the SIMAP and Jaeger cases in 2000 and 2003, the Court ruled that time spent on call by health professionals had to be counted as working time. As a result of this case law, time spent on call by health professionals has to be regarded entirely as working time, and where appropriate as overtime, if they are required to be at their place of employment, even if they are resting.
