Employment Special May 2009 - Working Time Newsflash
Working Time Newsflash
UK Retains opt-out rights
- What is the maximum number of hours a worker can work in a week?
- Who are “workers”?
- What constitutes working time?
- Can workers opt-out of the maximum?
- What are employers’ obligations?
- What happens if a company breaches its obligations?
- Further Information
The UK has retained its right to allow workers to opt-out of the 48-hour working week for the foreseeable future. This is good news for many employers, who feared that the opt-out provision was to be phased out over the next 3 years at the request of the EU Parliament. A brief summary of working time regulations is below.
What is the maximum number of hours a worker can work in a week?
Working time must not exceed an average of 48 hours for each 7 days in any ‘reference period’ for a worker unless her prior agreement has been obtained. The ‘reference period’ is any 17-week period, on a rolling basis, during the worker’s employment, unless the parties have agreed to use successive 17-week periods.
The maximum for young workers, under 18 years old, is 8 hours a day and 40 hours a week (these limits cannot be opted out of).
Who are “workers”?
“Workers” is a wider concept than “employee” and may include agency workers, trainees and freelancers.
What constitutes working time?
Working time is defined as:
- ‘Working’ at the ‘employer’s disposal’ and ‘carrying out his activities or duties’ (all three of these elements must be satisfied)
- Periods when the worker is receiving relevant training
- Any additional period specified in a relevant agreement for the purposes of the Regulations
Working time does not cover:-
- Travel to work (unless it is actually part of the work activity)
- Time spent by workers doing work at home (generally)
- Breaks where no work is done – which means “Working lunches” will count as working time
Can workers opt-out of the maximum?
Yes, by written agreement, which must apply to either a specified period or indefinitely. The worker can terminate the agreement by giving no less than 7 days (and not more than 3 months) notice.
What are employers’ obligations?
Employers have a duty to ensure that appropriate hours are worked with sufficient rest. They must keep records to demonstrate that the rules are being complied with.
What happens if a company breaches its obligations?
The right to rest periods, breaks and paid annual leave gives rise to individually enforceable rights which a worker can pursue at the Employment Tribunal. The obligation to limit a worker’s maximum weekly working hours, night work limits, and health assessments for night work are enforced by the Health and Safety Executive.
Further Information
For further information on this or any other employment issues, please contact:
Martin Stephen .(JavaScript must be enabled to view this email address) 0141 248 3434
Andrew Wilson .(JavaScript must be enabled to view this email address) 0131 221 5560
Liam Entwistle .(JavaScript must be enabled to view this email address). 0141 248 3434
Wright, Johnston & Mackenzie LLP
The information contained in this newsletter is for general guidance only and represents our understanding of relevant law and practice as May 2009. Wright, Johnston & Mackenzie LLP cannot be held responsible for any action or inaction taken in reliance upon the contents. Specific advice should be taken on any individual matter. Transmissions to or from our email system and calls to or from our offices may be monitored and/or recorded for regulatory purposes. Authorised and regulated by the Financial Services Authority. Registered office: 302 St Vincent Street, Glasgow, G2 5RZ.
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