LOW PAY UNIT - ADVICE LEAFLET

The Working Time Regulations

The Working Time Regulations 1998 mean workers cannot be forced to work more than 48 hours a week, have rights to minimum breaks between working days and while at work, and rights to 4 weeks paid leave. This leaflet explains your basic rights under the Regulations. For more information see our leaflet Your Rights to Paid Holidays. Remember, these are minimum rights - you should try to negotiate better terms. See our leaflet Getting a better deal.

Who is covered?

The general rule is that all workers are covered by the Regulations, but there are some important exceptions - see below. If you are a homeworker, part-time, casual, temporary or agency worker you are covered. Young workers (aged 16 and 17) and night workers receive additional protection.

Who is not covered?

You are not covered by all (or, where indicated, some) of the Regulations if:

(1) If you are genuinely self employed.

(2) You are a worker in the following jobs or sectors:

• transport workers - includes air, rail, road, sea, inland waterway or lake;
• work at sea (including fishing);
• doctors in training;
• the armed forces, police and some civil protection services

(3) You are in a job where you can determine your own hours of work such as managing executives, family workers or religious leaders - although you would still be entitled to paid leave.

(4)You may not be covered by all the rules on night work, daily or weekly rest periods, rest breaks and health assessments if you are in a job:

• requiring a permanent presence or continuity of service or production such as security, care services or agriculture;
• where there are foreseeable surges of activity such as tourism or postal services;
• where you are working in several distant locations or away from home;
• in exceptional or unforeseen circumstances that are outside your employer's control and could not have been planned for; or
• organised in shifts at the time the shift pattern changes.

In these situations, your employer should allow you to take an equivalent period of compensatory rest when the reason you needed to work extra hours has passed.

Opt outs

If you are covered by the Regulations you can, along with your fellow workers, reach a collective or workplace agreement with your employer to opt out of certain provisions. This must be signed by the majority of the workforce or your representatives. Opt outs from the 48 hour week must be agreed individually. You cannot opt out of entitlements to paid leave.

Working time limits - the 48 hour week

You cannot be made to work more than 48 hours per week, calculated as an average over 17 weeks. This can be extended to 26 weeks in some circumstances such as where there are foreseeable surges of activity or other similar situations described above.

If you want to work longer hours you can agree an opt out with your employer. This must be in writing and must allow you to opt back in by giving notice.

What counts as 'working time'

Working time is when you are working at your employer's disposal and carrying out your employer's activities or duties. You cannot count time when you are:

• on call but not working;
• on call but sleeping;
• on your lunch break (unless it is a working lunch);
• travelling to or from work (but travelling for the job is included).

In-work rest breaks

You must get an uninterrupted break of at least 20 minutes if you are working for six hours or more. Young workers must get 30 minutes off if they work for longer than 4.5 hours. This break must be during, and not at the start or end of your working hours. Whether you are entitled to be paid for this break depends on your contract and not on the Regulations.

Breaks between work

You are entitled to a rest period of 11 consecutive hours between each working day. Young workers are entitled to 12 hours. You are also entitled to an uninterrupted rest period of 24 hours every 7 days (or two days per fortnight); young workers should get no less than two days off per week.

Four weeks paid leave

You are entitled to 4 weeks paid leave a year. Bank holidays can count towards the 4 weeks. For more information see our leaflet Your Rights to Paid Holidays.

Extra protection for night workers

If you regularly work at least three hours of your working day between 11pm and 6am you are classed as a 'night worker'. This also applies if you work on a regular shift pattern that includes a shift at night. You:

• must not work more than 8 hours per day averaged over 17 weeks;
• must not work more than 8 hours in any actual 24 hour period if your work involves special hazards, or heavy physical or mental strain (no averaging);
• are entitled to regular, free health assessments;
• should be moved to day work if your health is being affected.

Enforcing your rights

Employers must keep records for two years to prove they are complying with the 48 hour week, and rules concerning night workers' hours and health assessments. These rights are enforced either by the Health and Safety Executive (HSE Infoline - 08701 545500) or your local authority Environmental Health Department depending on the industry that you work in.

You can enforce rights to paid leave, breaks between work and in-work rest breaks by making a complaint to an employment tribunal. The complaint should be made within 3 months of your employer's act or omission.

If you suffer any kind of detriment because you have tried to enforce your rights or refused to sign away rights under the Regulations, you can make a complaint to an employment tribunal. A 'detriment' might be having your pay cut or being dismissed. If you are an employee and are dismissed you can claim unfair dismissal. All these rights are applicable from the first day of employment, and all claims should be made within 3 months.

October 2001

For further details contact:

ERAS
Low Pay Unit
9 Arkwright Road
London NW3 6AB
Advice line: 020 7431 7385

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