THE WORKING TIME REGULATIONS

Current work

The Government has embarked on a 12-week consultation (212Kb) [MS Word version 208Kb, Welsh version (218Kb)] on long hours working and the operation of the individual opt out in the UK. We are seeking views and information from both employers and workers on the current areas of discussion surrounding the future of the opt out.

This consultation closes on 22 September 2004, and whilst we will consider all replies, early responses will be better placed to inform the Government’s negotiations in Europe. Welsh version to follow.

Latest news

The European Commission has commissioned research on the working time opt-out, and are discussing issues with Member States and other stakeholders. They have issued two communications, the first one on 5 January 2004, covering the opt-out, along with doctors' on call time and the reference period over which workers' hours are averaged. This Communication asked for responses by 31 March 2004.

The UK have responded to the Communication and details of our response can be found here (MS Word 245Kb).

The Commission also issued a 2nd stage consultation on 19 May 2004. The Second Stage Consultation Paper is for consultation with EU Social Partners (not Member States) who normally have six weeks to respond with comments and a decision whether to negotiate on the options within the document or not.

The Social Partners are:

UNICE, the European employers' federation
ETUC, the European employees organisation
CEEP, the public sector employers' organisation

The Second Stage Consultation paper has proposed four options on the opt-out:

Option 1
Keep the individual opt-out with tighter conditions of application

Option 2
Opt-out only available through collective agreement

Option 3
Opt-out available through collective agreement, but retain the possibility of individual opt-out in the absence of such an agreement and for undertakings without worker representation.

Option 4
Phase out the opt-out

The Second Stage Consultation paper can be found here

Previous topics

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 are 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.

The Regulations were previously amended, with effect from 6 April 2003, to provide enhanced rights for adolescent workers. 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 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 6 hours.
• a right to 4 weeks paid leave per year.

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

Enforcement

Enforcement is split between different authorities. The limits and health assessments (if a night worker), are enforced by the Health and Safety Executive, 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.  The Employment Tribunals Service can also help you with information about making a claim or about Tribunal procedures. 

However, if you require further information about the application of the Regulations you should contact ACAS  

Long Hours Working Partnership Project

To maximise choice for individuals, organisations need to find ways to move away from routinely relying on workers doing long hours, while still meeting productivity targets and retaining the degree of flexibility and responsiveness needed to be high performing organisations. 

A strategic partnership project on long hours working has been set up and will be administered by the Equal Opportunities Commission with input from social partners such as the TUC and the CBI. It will promote best practice in the workforce and will identify organisations who have changed their working practices to combat the long hours culture.  A series of free masterclasses to help companies learn how to overcome inefficient working time practices has been set up.  The masterclasses, to take place throughout the country, will give companies the chance to learn how other organisations have benefited from innovative working time solutions. 

The specific issues the classes will explore include:

• Managing high client demands (e.g. 24 hour service provision)
• Tackling ‘hot spots’ of long hours working within particular departments/teams
• Creating flexible working arrangements, such as annualised hours
• Overcoming presenteeism
• Revising schedules and rotas

The masterclasses will be run on behalf of the DTI by the Equal Opportunities Commission.  They will take place from Summer 2004 – Summer 2005.  Organisations interested in taking part in the masterclasses or wanting to find out more about the project should contact Barbara Limon, on 0207 960 7438 or email Barbara.limon@eoc.org.uk.

Press release on the masterclasses can be found here
 

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

Last updated 14 July 2004