Clarification of some working time record-keeping duties

Implementation date: 1 January 2024

The Government removes the potential effect of the European Court of Justice decision in Federación de Servicios de Comisiones Obreras (CCOO) v Deutsche Bank SAE [2019] IRLR 753 ECJ, to clarify that employers are not required to record the number of working hours each day for each worker. 

Employers will still be required to keep adequate records to demonstrate compliance with the Working Time Regulations 1998 (SI 1998/1833), as is currently prescribed in the legislation.

The proposal was contained in the Government's Smarter regulation to grow the economy policy paper, published on 10 May 2023.

On 8 November 2023, the Government published its response to its consultation on the proposal, confirming that it intends to go ahead. It also published the draft Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023, which will bring the measure into force. 

The draft Regulations have been laid before Parliament and are due to come into force on 1 January 2024.