Working time


WORKING TIME

The Working Time Regulations 1998 entitle workers to a rest break1 where their shift lasts for a specified period, and a daily rest period in each 24-hour period during which they work for their employer. The Regulations also place a limit on the number of hours that workers can be required to work2 and give workers the right to an uninterrupted weekly rest period in each seven-day period that they work for their employer.


Rest breaks

Worker

Length of shift

Length of break

Adult worker

>6 hours

20 minutes

Young worker

>4½ hours

30 minutes

Daily rest periods

 

 

Worker

Length of rest break

Adult worker

11 consecutive hours3

Young worker

12 consecutive hours4

Maximum working week

 

 

Worker

Limit on working hours

Adult worker

48 hours a week calculated over a 17-week reference period5

Young worker

Eight hours a day or 40 hours a week

Weekly rest periods

 

 

Worker

Length of rest break

Adult worker

24 hours (or one period of 48 hours or two of 24 hours over a fortnight)6

Young worker

48 hours7


1 The worker is entitled to spend the break away from his or her workstation.

2 Adult workers may opt out of the limit as long as they do so voluntarily and in writing.

3 Not applicable in relation to shift workers who change shift and cannot take a daily rest period between the end of one shift and the start of the next, or to workers engaged in activities involving periods of work split up over the day, eg cleaning staff.

4 This may be interrupted where the activity involves periods of work that are split over the day or are of a short duration.

5 The reference period may be extended to a maximum of 52 weeks under a workforce or collective agreement or to 26 weeks in the case of certain workers.

6 Not applicable in relation to shift workers who change shift and cannot take a weekly rest period between the end of one shift and the start of the next, or to workers engaged in activities involving periods of work split up over the day, eg cleaning staff.

7 This may be interrupted where the activity involves periods of work that are split over the day or are of a short duration, or reduced to no less than 36 consecutive hours where this is justified for technical or organisational reasons.


LEGAL TIMETABLE

Forthcoming law

Coming into force

Age discrimination legislation

1 October 2006

The Employment Equality (Age) Regulations 2006 will prohibit direct and indirect discrimination, harassment and victimisation on the grounds of age. They will also provide for a national default retirement age of 65, although employees will have the right to request to work beyond this age.

Public sector duty to promote equality for disabled people

4 December 2006

The Disability Discrimination Act 2005 will place a duty on public bodies to promote equal opportunities for disabled people. Public authorities will be required to have due regard to the need to eliminate unlawful discrimination against disabled people and promote equality of opportunity for them.

Open consultations

Closing date

Extension of jurisdictions affected by dispute resolution procedures

11 August 2006

The Department of Trade and Industry is consulting on whether the jurisdictions affected by the statutory dispute resolution procedures should be extended to include the European Public Limited-Liability Company Regulations 2004; Information and Consultation of Employees Regulations 2004; and Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006.

Available at: www.dti.gov.uk/consultations/page29153.html.

Improving worker involvement in health and safety

8 September 2006

The Health and Safety Commission is consulting on the legislative and voluntary measures that could be taken to improve worker involvement in health and safety management. Changes to the law could include the introduction of a new duty on employers to consult safety representatives on risk assessments and to respond to representations made by safety representatives.

Available at: www.hse.gov.uk/consult/condocs/cd207.htm.

Extending statutory holiday entitlement to cover bank and public holidays

22 September 2006

The Department of Trade and Industry is consulting on extending statutory holiday entitlement from four weeks to 5.6 weeks to reflect the number of permanent bank and public holidays in the UK. The government has suggested that the increase should be implemented in phases, beginning with an extension to 24 days on 1 October 2007.

Available at: www.dti.gov.uk/consultations/page30026.html.


CASES ON APPEAL

Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland

The European Court of Justice is to rule on whether the UK government has failed to implement adequately the Working Time Directive in relation to every worker's entitlement to minimum daily and weekly rest periods.

Sharp v Caledonia Group Services Ltd

The Court of Appeal is expected to hear this case in summer 2006. The main issue is whether a material factor that is not discriminatory has to be objectively justified to provide a defence to an equal pay claim.

HM Revenue and Customs v Stringer and others (previously known as Commissioners of Inland Revenue v Ainsworth and others)

This appeal, unlikely to be heard before late 2006, is against the Court of Appeal's ruling that workers on long-term sick leave who have exhausted their occupational sick pay entitlement cannot take four weeks' paid holiday under the Working Time Regulations.