The working time regulations

The Working Time Regulations implement the European Working Time Directive and parts of the Young Workers Directive which relate to the working time of adolescent workers (workers above the minimum school leaving age but below 18).

Certain sectors are excluded from the scope of the Regulations. However, a consultation on extending the Working Time Regulations to previously excluded sectors began on 31 October 2002 and closed on 31 January 2003.

Guidance on the Working Time Regulations is available from this website. Alternatively you may prefer to order a printed copy online or by telephoning 0870 1502 500.

The basic rights and protections that the Regulations provide are:

a limit of an average of 48 hours a week which a worker can be required to work (though workers can choose to work more if they want to).
a limit of an average of 8 hours work in 24 which nightworkers can be required to work.
a right for night workers to receive free health assessments.
a right to 11 hours rest a day.
a right to a day off each week.
a right to an in-work rest break if the working day is longer than six hours.
a right to four weeks paid leave per year.

The Regulations were amended, with effect from 6 April 2003, to provide enhanced rights for adolescent workers. A revised Regulatory Impact Assessment pdf (35Kb) is available. 

Because of these amendments to the regulations, sections of the guidance have been revised. These are: Section 2: Working time limits and Section 3: Working at night.

The European Court of Justice delivered judgement on the case between the Government and the Broadcasting Entertainment Cinematograph & Theatre Union in June 2001. The Government subsequently undertook a short public consultation pdf (31Kb) on proposals to amend the Working Time Regulations to remove the 13-week qualifying period before the minimum 4-week paid annual leave entitlement is activated, and to provide for monthly accrual for taking leave in the first year of employment. Some minor amendments were made in response to the consultation. The Order pdf (14Kb) amending the Regulations came into force on 25 October 2001. A revised Regulatory Impact Assessment pdf (17Kb) has also been completed.

Enforcement of the Regulations is split between two bodies. The entitlements (e.g. the rest periods and breaks and the paid annual leave) are enforced through Employment Tribunals, although ACAS will initially endeavour to resolve any dispute. The working time limits are enforced by the Health & Safety Executive (HSE) and Local Authorities.

If you require further information about the application of the Regulations you should contact ACAS or the HSE enquiry line 08701 545500 or the Environmental Health Department of your local authority. The Employment Tribunals Service can help you with information about making a claim or about Tribunal procedures.

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