The UK Working Time Regulations (WTR) apply to 'workers', a broad category that includes agency workers and some self-employed people. The definition of working time is similarly broad.
Some rights cannot be altered under any circumstances, for example the right to four weeks' paid holiday. Other rights, such as the timing of breaks can be varied by mutual agreement with unions, workforces or individuals — but there are penalties for employer coercion.
It is currently possible for employees to opt out of the 48-hour average limit, but this option will end in 2003. In addition, workers can choose to end their voluntary opt-out at any time.
The WTR is a health and safety measure designed to reduce accidents at work, occupational health problems and work-related stress. Working long hours with few breaks inevitably means low labour productivity.
Paul Sellers, Policy Officer, Trades Union Congress
Tel: 020 7636 4030
The 48 hours per week limit is averaged out over a period of at least 17 weeks — longer in some cases. Where the worker works a night shift he should in most cases not work more than an average (over a 17-week period) of eight hours in each 24 hours. It follows, therefore, that to a small degree that the limits can vary from week to week.
'Working time' is calculated in respect of time when a worker is working carrying out his activities or duties, when he is receiving relevant training, and when he is on the employer's premises on call. This includes overtime, but does not include any break period or lunch hours. A worker is also entitled to:
- an 11 hour rest period in each 24 hours
- a minimum of 24 hours uninterrupted rest every week (which over a period of two weeks can either be taken as two uninterrupted rest periods or one uninterrupted rest period of 48 hours)
- a break of 20 minutes after six hours of work
- an annual holiday entitlement of 20 days (including statutory public holidays) after 13 weeks of continuous employment.
Some of these entitlements can be watered down, or provided in a different way. The good news for employers is that there are certain cases where the above rules are relaxed. These include:
1 a worker whose working time is not pre-determined or can be determined by the worker himself, whereby the maximum weekly hours limit does not apply;2 where there are particular activities or situations, for example, the worker's activities and his place of work are distant, the worker is engaged in security or surveillance activities, the worker's activities involve the need for continuity of service or production, where there is a foreseeable surge of activity, or where the worker's activities are affected by unusual and unforeseeable circumstances. Here the rules can be relaxed a little (for example, the reference period for weekly hours is 26 weeks);
3 shift workers who are not covered by the rules on daily and weekly rest periods when they change shift;
4 workers who have agreed alternative arrangements in either collective agreements and workforce agreements (as defined in the regulations).
However, where none of these areas apply to your business (or are negotiable), a worker can currently also choose to opt out of the 48-hour maximum working week (the other entitlements remain). The opt-out agreement must be in writing, relate to either a specified period or apply indefinitely and provide that the agreement can be terminated by the worker by not more than three months notice in writing. The employer is obliged to maintain up-to-date records of all the workers who have signed an opt-out and make these records available for inspection.
If any employee is dismissed for any reason connected with the regulations, the employee will have a claim for automatic unfair dismissal. The rules can be enforced at Tribunal and certain breaches could be criminal offences.
Karen Ozzard, employment solicitor at Boodle Hatfield
Tel: 020 7629 7411
Source
The Facilities Business
