Employment Rules and Legislation
Working Time Regulations

Please refer to "Your guide to the working time regulations - Workers and Employers" July 2003 for further detail, which is also available on Working Time Regulations.

Who is affected?

These regulations apply to workers. A worker is someone who is paid to work for an employer (includes most agency workers, freelancers and trainees).

Working Time

• Working time includes travelling (where it is part of the job), working lunches, on-call time or job-related training.
• Working time does not include travelling between home and work, lunch breaks, evening classes or non job-related training.
• Workers cannot be forced to work for more than 48 hours a week, on average, although they can opt-out and agree to work more than this limit (see full publication).
• A Night worker is someone who works at least three hours at night. Night workers should not work more than eight hours daily, on average. (This can be averaged out, working longer periods over fewer days). A Night worker cannot opt-out of the night work limit.

Rest

• A worker is entitled to 11 uninterrupted hours between each working day.
• A worker is entitled to one whole day off a week. Days off can be averaged over a two-week period, meaning workers can take two days off a fortnight.
• If a worker is required to work for more than six hours at a stretch, they are entitled to a rest break of 20 minutes. This should be taken during the six-hour period, not at the beginning or end of it.

Paid Annual Leave

From 1st October 2007 all workers will be entitled to a minimum of 24 days annual leave, pro rata for part time staff and from 1st April 2009 another 4 days, to form a total of 28 days. For further information please refer to:

www.berr.gov.uk/employment/holidays/index.html

A week’s leave should be the same amount of time as a working week. This entitlement is NOT additional to bank holidays. There is no statutory right to take bank holidays off. Employers can set the times that workers take the leave (for example, for a Christmas shutdown).

Rules for Young Workers

(A young worker is aged between school leaving age and 18)

• Young workers may not ordinarily work more than eight hours a day or 40 hours a week. These hours cannot be averaged out and there is no opt-out available.
• Young workers may not ordinarily work at night between 10pm-6am or 11pm-7am. Exceptions are as follows: young workers may work through the night if they are employed by hospitals or similar, or in cultural, artistic, sporting or advertising activities. They can work up to midnight or from 4am if they are employed in agriculture, retail, postal or newspaper deliveries or catering.
• Workers undertaking night work should be offered a health assessment. Special consideration should be given to young workers’ suitability for night work, taking account of their physique, maturity and experience.
• A young worker is entitled to 12 uninterrupted hours in each 24-hour period in which they work. The rest may be interrupted if periods of work are split up over the day or do not last long.
• Young workers are entitled to two days off each week. This cannot be averaged over a two-week period and should normally be two consecutive days.
• If a young worker is required to work more than 4.5 hours at a stretch, they are entitled to a rest break of 30 minutes. It is up to the worker and the employer to agree whether these breaks are paid.

How are regulations enforced?

Enforcement is split between different authorities. The limits are enforced by the Health and Safety Executive (HSE) and local authority environmental health departments.

For help you can call ACAS (Advisory, Conciliation and Arbitration Service) on 08457 474747, or the HSE Infoline on 08701 545500. Alternatively, contact Environmental Health at the Northampton Borough Council on 01604 233500.