These came into force on 1st October 1998
 Main
Provisions
• A limit of an average of 48 hours
per week although workers can choose to work longer with written consent
• A limit of an average
of 8 hours' night work per 24 hour period
• A right for night workers to
receive free health assessments
• A right to 11 hours'
rest per day
• A right to a day off each week
• A right to a break of at least
20 minutes if the working day is longer than 6 hours
• A right to 4 weeks' paid leave
a year
• A right to paid holidays
from first day's employment (previously had to wait 13 weeks)
Night Work and Regulations
• What
is night time ?
A period of at least 7 hours. Normally 11pm to 6am but can be
varied by agreement
• What is the night work limit ?
An average of 8 hours for each 24 hour period
• Is there flexibility
in applying the limit ?
Yes. A collective or workforce agreement can vary the limits.
In addition certain workers are exempt :-
•
Those workers whose hours are not determined by an employer
e.g. Managing Executives, family workers etc
• Those engaged
in ‘security and surveillance activities where round the clock activity
is required’ e.g. hospitals, residential institutions,
prisons, airports, radio and TV, or where there is a foreseeable surge
of activity’ e.g. agriculture, tourism, postal services.
| Unlike the National Minimum Wage legislation the
working time regulations do apply to trainees who are engaged
on work experience or training such as New Deal or those on National
Traineeships.
However, the directive
allows individuals to ‘opt out’ of the 48 hour limit. For this to
occur there must be a written agreement between the employer and the
employee with an option to withdraw from the agreement with written
notice of at least 7 days and not exceeding 3 months. |
Adolescent Workers
An
adolescent worker is someone who is over the Minimum School Leaving Age
but under 18. In addition to the other regulations adolescent
workers are entitled to:-
•
a right to free health
and capacities assessments for night work
• a
right to 12 hours rest a night
• a
right to two days off each week
•
a right to at least a 30 minute break period if the working day is longer
than 4 1/2 hours
•
How are average hours calculated?
The average is calculated by monitoring hours over
an agreed period. The recommended period is 17 weeks.
•
What will happen if the worker has 2 jobs?
The employer should take all reasonable steps
to ensure a worker does not exceed an average of 48 hours per week
in total and, if exceeded, confirm they are willing to do so.
•
How will the regulations be enforced?
By the Health and Safety Executive for factories, building
sites, mines, farms, fairgrounds, quarries, chemical
plants, nuclear installations, schools and hospitals.
By the local authority
Environment Health Department for retailing, offices, hotels, catering,
sports, leisure and
consumer services
Employment tribunals will enforce
workers’ entitlements to days off, rest breaks and paid annual leave.
•
What records do employers have to keep?
‘Adequate’ records must be kept of the weekly working time of employees.
If hourly paid, wage records may be sufficient. If standard working hours
are stipulated, ‘management systems’ must be adequate to ensure compliance.
‘Adequate’ records to show the limits on night work are not exceeded must
be kept. Records of health assessments must also be kept.
The Government has now removed
the need for employers to keep records of the hours worked by individuals
who have opted out of the 48 hour week.
•
What is a health and capacities assessment for a night
worker?
There is no prescribed procedure. The Regulations suggest
the use of a questionnaire to identify health problems
that may preclude night work according to the opinion of a health professional.
A health and capacities assessment for an adolescent who works
between 10.00 p.m. and 6.00 a.m.will also have to take into account
the relative lack of physique, maturity and experience of a young person
compared with an adult.
•
What about bank and public holidays?
There is no statutory entitlement to them. Where a worker is
paid for a public holiday this will count towards their entitlement
to annual leave.
• What about part time
workers and leave?
Part time workers receive a pro-rata proportion of the full-time annual
leave.
•
Are there any workers exempt from the Regulations?
Those in :--
 Air, rail, road, sea
and canal transport.
Offshore work
Sea fishing
Doctors in training
The above is a general outline only and should
not be regarded as a complete or authoritative statement of law.
|
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