INTRODUCTION
The Working Time Regulations provide for a comprehensive scheme of working times for all workers and minimum leave entitlement. The Regulations were made under the Health and Safety at Work Act 1974.
WORKING TIME
This is defined as any period during which our employees are working for the Company and any period during which he or she is receiving training. It will normally be clear what constitutes working time and what does not, but not always. Time spent ” on call’ ‘sleeping in” or driving may sometimes constitute working time for the purpose of the Regulations. For those ”on call”, for instance, the determining factor is likely to be the degree to which our employees is otherwise free to pursue activities of their own during the time.
WEEKLY WORKING LIMITS
- Weekly working time will be limited to an average of 48 hours calculated over a reference period of 17 weeks.
- The reference period above may be fixed by agreement.
- The reference period for certain categories of workers is extended to 26 weeks while that of any worker may be extended to a maximum of 52 weeks either by agreement by the employee or collectively with a recognised Trade Union.
- Absence through sickness, holiday or maternity leave are excluded from the calculation, but absences for other reasons will serve to reduce the average working time.
- Employees may opt out of the weekly working time limit by individual written agreement but: they retain the right to opt back giving notice. Management will maintain up to date records on hours worked by individual employees.
REST BREAKS
Daily breaks are not obligations – rather entitlements. This means that if an employee chooses not to take up their entitlement – there is no obligation on the Company to provide it. Employees will be entitled to a rest period of not less than 7 consecutive hours in each period of 24 hours during which he or she works. Adult workers will be entitled to a 20-minute daily rest break when daily working time is more than 6 hours. Rest breaks may be fixed by relevant agreement. There are special considerations for employees who are under 18 years of age.