PRESS RELEASE 26 August 1999

Working Time law flouted

Almost a year on from the introduction of the Working Time Regulations calls to the Low Pay Unit's Employment Rights Advice Service indicate that many employers are paying scant regard to its provisions.

The law came into effect on 1st October 1998. For the first time, it gave UK workers a statutory, legally enforceable right to limit their working hours to an average of 48 a week; the right to regular daily and weekly breaks and the right to three weeks paid holiday. Entitlement to paid holidays rises to four weeks from 23rd November 1999.

Although many employers have adapted their working practices to comply with the Regulations, recent calls to the Unit's helpline indicate that non-compliance is still widespread:

• A dry cleaning firm in central London employs a manager for 55 hours per week. Over the previous three years the manager has not had a single days holiday, although he has received five weeks holiday pay in that period. He has not signed a voluntary opt out agreeing to work more than 48 hours per week. Under the Regulations paid annual leave must be taken as leave and cannot be replaced by an allowance in lieu except where the employment has ended.

• A security company in Nottinghamshire employs guards for up to 84 hours per week basic without any voluntary opt out agreements. Despite working up to 84 hours a week basic, holiday pay is paid at the rate of only 40 hours a week. This is a clear breach of the Regulations. Workers should be paid their normal weekly pay whilst on holiday.

• A leading national sports retailer is employing 16 and 17 year olds for up to 70 hours over six days a week. Up to 10 hours per week is 'clear up' time after the store has closed which is unpaid. Workers below 18 are not entitled to the National Minimum Wage but are entitled to the protections of the Working Time Regulations. Workers under 18 are entitled to longer and more frequent rest breaks as well as two days off per week.

Employees who fail to comply with the Regulations risk unlimited fines and compensation payments for their workers.

Bharti Patel, Director of the Low Pay Unit said:

"It is disappointing to see how many employers continue to flout these minimum standards designed for the protection of their workers. These employers will find they pay a heavy price with reduced staff morale, increased absenteeism and lower productivity.

The sooner businesses embrace a culture where rights of workers are respected the sooner they will reap the benefits in a labour market where balance and innovation will win out over long hours and low pay."

For further information call
Bharti Patel, Director on 0171 713 7616 or 07887 643 750
Jeff Masters, Employment Rights Officer on 0171 713 7616