Guidance in Brief: working time for employees

Barbour has updated its guidance for employees concerning working time including information on identifying and controlling risk. This is a summary of its contents.

Regulations:

The Working Time Regulations 1998 governs the hours we in the UK can work. The basic rights and protections offered by the Regulations are:

• a limit of an average of 48 hours a week (over a 17 week rolling reference period) which a worker can be required to work (although workers can voluntarily opt to work longer);
• a limit of an average of 8 hours work in 24 which night workers can be required to work;
• a limit of 8 hours per day and 40 hours per week for young workers (with some exceptions), with no opt out option, and no averaging permitted, and normally no night working permitted;
• a right to receive free health assessments for night workers;
• a right to 11 hours rest between each working day (12 hours for young workers);
• a right to a day off each week (two for young workers);
• a right to an in-work rest break if the working day is longer than 6 hours (4.5hrs for young workers); and
• a right to 5.6 weeks paid leave per year (ie 28 days for a five day week job) pro-rata’d for part time workers. This figure includes paid public holidays.

Identifying the risk:

• do you regularly work overtime or shifts?
• are you working an average of more than 48 hours per week?
• are you a young worker and are being asked to work the same as your older colleagues?
• are you too busy at work to take your annual leave entitlement?
• are you regularly asked to come in to work on your day/s off?
• are your working hours monitored?
• do you drive or operate machinery or carry out safety critical work (which may have additional working time limits)?

Controlling risk:

• recognise the symptoms of fatigue. This is more than just being tired and can lead to stress, depression, decreased productivity and making mistake;
• if you are working more than 48 hours averaged out over a 17 week rolling reference period, report it to your employer and discuss how the situation can be addressed;
• you need to cooperate with your employer when measures of prevention or control over the hours you work, particularly if you are a driver or work with machinery;
• inform your employer/s if you work for more than one employer, particularly where there is a risk that you may exceed the 48 hour rule; and
• follow the rules regarding rest. This is particularly important if you are driving; take regular breaks throughout the journey.

Visit Barbour for the full briefing.

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