364 Chapter 13Employment (1): The contract of employment, employment rights and dismissal
The Working Time Regulations
These Regulations provide that no worker’s working time should be more than 48 hours,
including overtime, in each seven-day period when calculated over any 17-week period. It
is the employer’s duty to see that the limit is not exceeded. Any days which are taken off as
annual holiday, sick leave or maternity leave are regarded as excluded days. When assess-
ing the hours worked in a seven-day period, these excluded days are not counted and an
appropriate number of days are added on to cater for them.Example
Fred worked in a factory for 52 hours a week for 15 consecutive weeks. Fred then took two
weeks’ annual leave. Fred then worked 35 hours a week for two weeks. The annual leave is
excluded. So Fred has worked 780 hours plus 70 hours = 850 hours in a 17-week period.
The regulations have been breached because this averages out at 50 hours per week.It is possible for a worker to agree that the 48-hour limit should not apply. However, such
an agreement must be in writing to be effective.
Young workers (those who are under 18) cannot be made to work more than eight hours
in any one day, or more than 40 hours in any one week.Night workers
A night worker works a period of at least seven hours, at least three hours of which
are between the hours of 11 p.m. and 6 a.m. No worker should be given night work unless
the employer has first made sure that the worker has the opportunity of a free health
assessment. Night workers must also be given regular opportunities to have a free health
assessment. Over any 17-week period, with rest periods not counting, night workers should
not work more than an average of eight hours in every 24 hours. If the night work involves
special hazards, or heavy physical or mental strain, there is no averaging out over a 17-week
period. These workers should never work more than eight hours in any 24-hour period.Daily and weekly rest periods
If a pattern of work is likely to put a worker’s health and safety at risk, the worker is
entitled to a rest period of at least 11 consecutive hours in each 24-hour period of work.
Workers under 18 (young workers) are entitled to 12 consecutive hours’ rest. Work which
is monotonous, or where the work rate is predetermined, is particularly likely to be such a
pattern of work. Young workers are entitled to a 48-hour uninterrupted rest period in each
seven-day period of work. Adult workers are entitled to a 24-hour uninterrupted rest
period in each seven-day period of work, although the employer can insist that this is taken
as one uninterrupted 48-hour period in each 14-day period of work. Adult workers are
entitled to a rest break of at least 20 minutes if their daily working time is more than six
hours. Young workers have an entitlement to a rest break of 30 minutes if their daily work-
ing time is more than 4.5 hours.Annual leave
Workers are entitled to at least 5.6 weeks’ paid leave every year (28 days for those who work
a five-day week), or the appropriate proportion of this if less than a year is worked. Where
the employment ends before the leave has been taken, the employer can make a payment