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UK Employment Law\ Employer \ Working Time

Working Time Regulations 1998

These regulations are part of a European Law instrument requiring member states to incorporate the provisions into national legislation. They were brought in to make sure that your employer has full regard for your health, safety, and general well-being. This means that you cannot be forced to work for too long without breaks and ensures that working conditions are not dangerous. These regulations are statutory. Therefore, if you feel one of them is being breached by your employer, you have a way to either get conditions improved, or take legal action. If you need advice, you should consult with either a solicitor or a union representative.

  • The Regulations (S.I. 1998, No. 1833) cover employees and other types of workers, including casual workers;
  • A worker is limited to a 48 hour working time limit for each 7 days (including overtime);
  • A night worker's average normal hours must not exceed 8 hours for each 24-hour period.

There are sectors of business that are not covered by the Regulations:

  • air transport;
  • rail transport;
  • some workers who are or may be excluded from some of the provisions of the WTR.

The Regulations also introduce a set of rules to improve health and safety in the workplace, and increase the well-being of workers:

  • A night worker facing special hazards, mental strain or heavy physical work is not allowed to be on shift for more than 8 hours in any 24-hour period;
  • A night worker must have the opportunity to regular confidential and free health check-ups.

The Regulations also place a requirement on employers to provide adult workers with regular rest breaks:

  • There must be an uninterrupted break of no less than 24 hours in each 7-day period;
  • There must be a daily rest period of no less than 11 consecutive hours in each 24-hour period;
  • There must be a rest break of no less than 20 minutes (if the daily shift is more than 6 hours);
  • There must be a statutory paid holiday period of four weeks in any holiday year.

The Regulations place a requirement on employers to keep up-to-date records showing compliance. A solicitor can help you check through your systems to make sure you, and your employees, are working according to WTR.

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