Focus on "Working Time Regulations"

The Working Time Regulations 1998 came into force on 1st October 1998. They implement the EC Working Time Directive and those parts of the Young Workers Directive which relate to adolescent workers.

Employers are responsible for ensuring that their workers receive the basic rights and protections that the regulations provide. These are:

• the average weekly working time is limited to 48 hours (though workers can choose to work longer if they want to)
• night workers’ average working time in any 24 hours is limited to 8 hours
• night workers must be offered free health assessments
• workers have a right to 11 hours rest a day (24 hour period)
• workers have a right to a day off each week
• if the working day is longer than six hours, workers are entitled to an in-work rest break
• workers are entitled to four weeks annual paid leave

The Regulations also cover the rights of adolescent workers (ie workers over the minimum school leaving age but under 18). Rights for adolescent workers differ from those given to adult workers as follows:

• adolescent workers are entitled to free health and capacities assessments for night work
• adolescent workers have a right to 12 hours rest a day (24 hour period)
• adolescent workers have a right to two days off each week
• if the working day is longer than four and a half hours, adolescent workers are entitled to an in-work rest break

The new rights apply to all workers except the self employed (ie someone who pursues a business activity on their own account), or those working in excluded sectors (such as air, rail, road and sea transport, fishing or other work at sea and doctors in training).

Employers must keep adequate records to show that they have complied with the weekly working time limit. Existing records such as pay records may be sufficient. Records are also required to show compliance with the limits on night work and the provision of health assessments for any night workers.

The above is just a very brief outline of the regulations. Further information is available from The Health and Safety Executive (call HSE Infoline 08701 545500), or the local authority Environmental Health Department (the number will be listed in the telephone directory).

The Department of Trade and Industry publish a detailed free booklet, "Your guide to working time regulations" (ref no. URN 00/633). This may be obtained from the DTI Publications Orderline, Tel 0870 150 2500.

Information is also available on the internet at www.dti.gov.uk/er/work_time_regs