Posted By John Murgatroyd
Forty eight hour week
What is the 48 hour week?
Under the Working Time Regulations, qualifying workers should not work more than an average of 48 hours per week over a 17 week period (this period can be extended in certain circumstances). However, workers can choose to agree to work more than the 48 hour average weekly limit. If they do so the agreement must be in writing.
Holidays - leave entitlement
Is there a 'standard leave' entitlement?
Under the Working Time Regulations workers are entitled to four weeks paid leave each year (pro-rata for part-time workers). The Regulations allow employers to introduce an accrual system if they wish, for workers starting employment on or after 25 October 2001, but only during the first year of employment. Under such a system, leave is accrued monthly in advance from the first day of employment at the rate of one-twelfth of the annual entitlement.
Can employers specify when leave should be taken?
Yes, an employer can require a worker to take all or any of the leave entitlement on specified dates provided the worker is given notice before the leave is due to start. The period of notice must be at least twice as long as the leave period, for example, three weeks leave would require a minimum of six weeks notice. Otherwise, workers are entitled to choose their leave dates subject to giving notice in the same way as employers are required to do and any other company rules. Such rules should be notified to workers in company documentation, eg written statement (click here for more on written statements) or in the company handbook.
What is a 'normal week's pay' for holiday entitlement?
a worker with regular working hours would receive what they would earn for a normal working week
a worker whose normal working hours vary from week to week, would receive the average hourly rate of pay over an average of their normal weekly working hours through the previous 12 weeks; or
a worker with no normal working hours would receive an average of the pay received over the previous 12 weeks.
Is there a statutory entitlement to bank and public holidays?
No. It is up to the worker and the employer to agree days where a worker may receive leave as a benefit under the terms of their contract. However, as with other contractual leave, bank and public holidays can be used to discharge an employer's responsibility for providing the statutory leave under the Working Time Regulations.
Can workers 'carry over' leave?
There is no legal right to carry the statutory leave entitlement over from one leave year to another unless the worker's contract allows for it. If, however, you are entitled to move leave under your employment contract, the excess can be carried over provided that the employer's arrangements allow this.
What happens when workers leave their job?
When workers leave their employment they should be paid for any untaken holiday that they have accrued in the current holiday year by the time that they leave. Pay for all holidays is that which would be received for basic contracted hours including any shift premiums. Overtime can only be taken into account when it is guaranteed by the contract. Where wages vary, eg through a bonus scheme, pay is based on an average over the previous 12 weeks.
If the worker has taken more leave than they are entitled to on termination, the employer, by agreement, can recoup the excess from the worker, usually by a monetary payment.
Nightwork - working time regulations
Should night workers work a maximum number of hours?
Employers are required to take all reasonable steps to ensure that the 'normal' hours of their night workers do not exceed eight hours in 24 hours, averaged over a 17 week reference period. 'Normal hours' will not include overtime unless it is required under the contract.
There is an actual limit of 8 hours in each 24 hour period where the work involves special hazards or heavy physical or mental strain.
If workers are seen to be working in excess of an average eight hours per night, the employer will have the responsibility to make sure the regulations are upheld, or that the employees agree to modify or exclude the regulations by a collective or workforce agreement. If the employees do modify or exclude the regulations, records will have to be maintained of exactly what hours are kept.
Are night workers entitled to free health checks?
Under the regulations the night worker is entitled to the opportunity of a free health assessment at regular intervals. The appropriate frequency of repeat assessments will vary between individuals, according to factors such as the type of night work, its duration and the age and health of the individual worker. Where appropriate, the employer should be guided by the judgement of a suitably qualified health care professional. It will be appropriate to carry out health checks once a year, though employers can offer more than once a year if they feel it necessary.
Rest breaks - daily and weekly
What entitlement is there to rest breaks during the working day?
A worker has the right to a break of 20 minutes if required to work continuously for more than six hours. The break should be taken during the six hour period and not at the beginning or the end of it.
The breaks do not have to be paid unless the employment contract provides for this.
What rights do workers have to daily and weekly rest periods?
A worker is entitled to an uninterrupted rest period of 11 hours between each working day and one uninterrupted weekly rest period of not less than 24 hours in each 7 day period. The weekly rest period can be taken as either 2 periods of at least 24 hours in each 14 day period or 1 uninterrupted period of no less than 48 hours in each 14 day period.
What is the position concerning young workers?
There are different rules for young workers in respect of maximum daily and weekly working time, night work, daily and weekly rest and rest breaks. These rules can only be waived in exceptional circumstances and with limited exceptions any waiver will be subject to the provision of compensatory rest.
Excluded sectors
Adult workers in
transport (ie workers in the airline industry who are covered by the Aviation Directive, road workers who are subject to the Road Transport Directive, sea workers as covered by the Seafarers' Directive and mobile workers in inland waterway and lake transport) - although this exclusion does not apply to non-mobile workers who are employed in sea fishing and transport, inland waterways and lake transport.
sea fishing and other work at sea
services such as the police and armed forces where their activities conflict with the provisions of the regulations
are excluded from the following rights along with doctors in training:
the maximum weekly working time
the length of night work
health assessment for night workers
the transfer of night workers to day work on health grounds
daily rest
weekly rest
rest breaks and
paid annual leave
From 1 August 2004, doctors in training will be subject to weekly working time limits which will be phased in over a five year period.
Those in domestic service or whose working time is unmeasured or predetermined, either in part or totally, are excluded from certain rights.
Additionally other adult workers in specified industries or engaged on certain activities (for example work in prisons, agriculture, essential services such as gas or electricity) may be excluded from some of the rights, for example daily and weekly rest, rest breaks, provided that an equivalent period of compensatory rest is given.
How many hours a week can be worked?
Workers cannot be required to work more than an average of 48 hours per week unless they agree in writing to work more than this; the average working time is normally calculated over a 17 week period, but can be longer in certain situations (26 weeks) where it can be extended by agreement (up to 52 weeks).
Working time includes travelling time where this is part of the job, working lunches and job related training but not travelling between home or office, lunch breaks, day release courses or evening classes.
Where can you get more information?
Further information can be found on the DTI website.
Acas publication
Holidays and Holiday Pay
Sunday trading (England and Wales only)
Is it correct that all shop and betting workers can refuse to work on Sundays?
No. The position is that:
a shop worker who started their employment on or before 26 August 1994 (2 January 1995 for betting workers) have the right not to work on Sundays unless they are employed to work Sundays only
a shop/betting worker who started their employment on or after the above dates and who is required to work on a Sunday under their employment contract can give three months notice to the employer, in writing, of opting out of Sunday work (one month in certain circumstances - see below)
shop/betting worker in either of the two categories above can decide to opt-in to Sunday work if he or she wishes to by giving the employer written notice of this.
Does my employer have to tell me of my Sunday working rights when I first start work?
Yes. Where you started work as a shop worker on or after 26 August 1994, or as a betting worker on or after 2 January 1995 and are required to work on Sundays under your employment contract. This explanation has to be in a prescribed written form and be issued within two months of the individual agreeing to do Sunday work. If this is not done then the individual only has to give the employer one months' notice of opting-out of Sunday work.