THE WORKING TIME REGULATIONS

Current work

The European Commission has commissioned research on the working time opt-out, and are discussing issues with Member States and other stakeholders. On 5 January 2004  the European Commission produced a Communication covering the opt-out, along with doctors' on-call time and the reference period over which workers' hours are averaged. This Communication will run until the end of March 2004.

The DTI will of course be talking to interested parties on this in due course; however, all interested organisations should send any comments and suggestions direct to the European Commission. (Comments must be received by 31 March 2004 at the latest.)

The Working Time Regulations implement the European Working Time Directive and parts of the Young Workers Directive which relate to the working time of adolescent workers (workers above the minimum school leaving age but below 18). Children under the age of 16 are not covered by the Working Time Regulations. Information on the employment of children can be found on the Department of Health website.

Certain sectors were originally excluded from the scope of the Regulations. However, a consultation on extending the Working Time Regulations to some of the previously excluded sectors began on 31 October 2002 and closed on 31 January 2003 and amendments to the Regulations have now been laid (see below).  The Government response  (28Kb) to this consultation is now available.  

Guidance [also available in Welsh (85Kb)] on the Working Time Regulations is available from this website. 

The basic rights and protections that the Regulations provide are:

	a limit of an average of 48 hours a week which a worker can be required to work (though workers can choose to work more if they want to).
	a limit of an average of 8 hours work in 24 which nightworkers can be required to work.
	a right for night workers to receive free health assessments.
	a right to 11 hours rest a day.
	a right to a day off each week.
	a right to an in-work rest break if the working day is longer than six hours.
	a right to four weeks paid leave per year.

The Regulations were amended, with effect from 1 August 2003,  to extend working time measures in full to all non mobile workers in road, sea, inland waterways and lake transport, to all workers in the railway and offshore sectors, and to all workers in aviation who are not covered by the sectoral Aviation Directive. The Regulations will apply to junior doctors from 1 August 2004. 

Mobile workers in road transport have more limited protections. Those subject to European Drivers hours rules 3820/85 will be entitled to 4 weeks paid annual leave and health assessments if a night worker from 1 August 2003. Mobile workers not covered by European drivers hours rules will be entitled to an average 48 hours per week, 4 weeks paid holiday, health assessments if a night worker and adequate rest.

A revised Regulatory Impact Assessment (56Kb) is available.

The Regulations were previously amended, with effect from 6 April 2003, to provide enhanced rights for adolescent workers. A revised Regulatory Impact Assessment (35Kb) is available. Because of these amendments to the regulations, sections of the guidance have been revised. These are: Section 2: Working time limits and Section 3: Working at night.

The European Court of Justice delivered judgement on the case between the Government and the Broadcasting Entertainment Cinematograph & Theatre Union in June 2001. The Government subsequently undertook a short public consultation (31Kb) on proposals to amend the Working Time Regulations to remove the 13-week qualifying period before the minimum 4-week paid annual leave entitlement is activated, and to provide for monthly accrual for taking leave in the first year of employment. Some minor amendments were made in response to the consultation. The Order (14Kb) amending the Regulations came into force on 25 October 2001. A revised Regulatory Impact Assessment (17Kb) has also been completed.

Enforcement is split between different authorities. The limits and health assessments (if a night worker), are enforced by Health & Safety Executive (HSE), local authority environmental health departments, the Civil Aviation Authority (CAA) and the Vehicle and Operator Services Agency (VOSA). The entitlements to rest and leave are enforced through  employment tribunals.

If you require further information about the application of the Regulations you should contact ACAS or the HSE enquiry line 08701 545500 or the Environmental Health Department of your local authority. The Employment Tribunals Service can help you with information about making a claim or about Tribunal procedures.

Documents in pdf format, indicated with a  can be opened with Adobe Acrobat reader, available free of charge.

Last updated 16 January 2004