The Working Time Regulations 1998 (WTR) limit an employee’s working hours to provide them with a break. Self-employed individuals aren’t covered by the WTR and some workers may be completely excluded from the WTR whilst others are excluded from specific rights. The rules also change if the employee is an adult or young worker (above minimum school leaving age but still under 18).
Working time means any period of time when the worker is carrying out their duties for their employer. This doesn’t include time spent on a call away from the workplace or the commute to and from work.
An employer must take all the reasonable steps to ensure that a worker does not work (including overtime) more than 48 hours a week on average. This average is calculated over a rolling 17-week reference period, so technically an individual can work more than 48 hours as long as they consistently do not do this! Employees can opt out of the 48-hour limit by voluntarily signing an opt-out agreement- but they have a right to cancel it at any point.
Employers must take all reasonable steps to ensure a night worker (someone who works 3 hours between 11pm and 6am) must not exceed an average of 8 hours a day, again, on that rolling 17- week reference period. Night workers must not undertake work that involves special hazards or physical/mental strain for more than 8 hours in a day during which they perform night work. Night workers are also entitled to a free health assessment before they start night work and at regular intervals afterwards.
Workers are entitled to:
- 11 hours of uninterrupted rest per day
- 24 hours uninterrupted rest per week (or 48 hours per fortnight)
- a rest break of at least 20 minutes when working more than 6 hours per day (not at the start or end of the day!)
- if the work is monotonous, employees must have adequate rest breaks!
As always, get in contact with Rustrick Accountants to talk things through on 01622 738165 today!