What is the "Working Time Directive"?

The regulations implement the European Working Time Directive into UK law. They are primarily a health and safety legislation that are intended to protect workers from the risks that arise out of working excessively long hours or for long periods without breaks.

Key Working Time Directive issues:

Working Hours

• You should not have to work more than 48 hours a week on average, unless you choose to, or work in a sector with its own special rules. Your normal working hours should be set out in your contract of employment or written statement of employment particulars

• If you are 18 or over and wish to work more than 48 hours a week, you can choose to opt out of the 48 hour limit. This must be voluntary and in writing. It can't be an agreement with the whole workforce and you shouldn't be sacked or unfairly treated (for example refused promotion or overtime) for refusing to sign an opt-out

• If you sign an opt-out, you have the right to cancel this agreement at any time by giving between one week and three months' notice. You can agree this notice period with your employer when you sign the opt-out. If no notice period is agreed then you only need to give one week’s notice of cancellation. You can cancel an opt-out even if it's part of a contract you have signed

Rest Breaks

• If you are an adult worker (over 18), you will normally have the right to a 20 minute rest break if you are expected to work for more than six hours at a stretch

• A lunch or coffee break can count as your rest break. Additional breaks might be given by your contract of employment. There is no statutory right to 'smoking breaks'

• If you are an adult worker you have the right to a break of at least 11 hours between working days. This means as an adult worker, if you finish work at 8.00pm on Monday you should not start work until 7.00am on Tuesday

• If you are an adult worker you have the right to an uninterrupted 24 hours clear of work each week or an uninterrupted 48 hours clear each fortnight

• A restriction of 8 hours night work in every 24 hour period, the restriction of 8 hours to be averaged except where the work involves special hazards or heavy physical or mental strain in which case it can never exceed 8 hours

• Free health assessments [and capacities assessments in the case of young workers] prior to workers being assigned to night work and at regular intervals thereafter

Holiday entitlement

• You are entitled to a minimum of 5.6 weeks paid annual leave (28 days for someone working five days a week)

• Part-time workers are entitled to the same level of holiday pro rata (so 5.6 times your usual working week, eg 22.4 days for someone working four days a week)

• You start building up holiday as soon as you start work

• Your employer can control when you take your holiday

• You get paid your normal pay for your holiday

• When you finish a job, you get paid for any holiday you have not taken bank and public holidays can be included in your minimum entitlement

• You continue to be entitled to your holiday leave throughout your ordinary and additional maternity leave and paternity and adoption leave protection through the Employment Tribunals (the new Industrial Tribunals) from suffering detrimental treatment or dismissal by the employer for taking entitlements under the Regulations

Other key issues

• All "employers" under the Regulations are required to keep records to show that they have complied with their obligations

Note** Young workers are workers who have reached the age of 15 but not yet attained the age of 18