Employment Act 2002, Chapter 22, as amended by The Employment Equality (Religion and Belief) Regulations 2003 (No. 1660), The Employment Equality (Sexual Orientation) Regulations 2003 (No. 1661), the Work and Families Act, 2006 (Chapter 18), Employment Act (Amendment of Schedules, 3,4 and 5) Order 2007 and Employment Act 2008 (c.24).
Flexible Working (Eligibility, Complaints and Remedies) Regulations 2002, as amended by Flexible Working (Eligibility, Complaints and Remedies) (Amendment) Regulations 2006, (S.I. No. 3314 of 2006), The Flexible Working (Eligibility, Complaints and Remedies) (Amendment) Regulations 2007 (S.I. 2007 No. 1184) and The Flexible Working (Eligibility, Complaints and Remedies) (Amendment) Regulations 2009.
Employment Rights Act 1996, as amended by Employment Rights (Dispute Resolution) Act 1998, The Employment Equality (Sexual Orientation) Regulations 2003 (No. 1661), The Employment Equality (Religion and Belief) Regulations 2003 (No. 1660), Employment Relations Act 2004, Work and Families Act, 2006 (Chapter 18) and Employment Act 2008 (c.24).
Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000 as amended by The Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 (Amendment) Regulations 2005.
The period during which a worker is working, at the employer¿s disposal and carrying out his or her activities or duties, including training periods.
Working Time Regulations 1998 §2
Employee/worker
For the purposes of the Employment Rights Act 1996, ’employee’ means an individual who has entered into or works under (or, where the employment has ceased, worked under) a contract of employment (which means a contract of service or apprenticeship, whether express or implied, and (if it is express) whether oral or in writing).
Under that Act and the Working Time Regulations 1998, ’worker’ means an individual who has entered into or works under (or, where the employment has ceased, worked under): (a) a contract of employment, or (b) any other contract, whether express or implied and (if it is express) whether oral or in writing, whereby the individual undertakes to do or perform personally any work or services for another party to the contract whose status is not by virtue of the contract that of a client or customer of any profession or business undertaking carried on by the individual;and any reference to a worker’s contract shall be construed accordingly.
Employment Rights Act 1996 s230 Working Time Regulations 1998 s2(1)
Employer
in relation to an employee or a worker, means the person by whom the employee or worker is (or, where the employment has ceased, was) employed.
Employment Rights Act 1996 s230 Working Time Regulations 1998 r2(1)
Part-time work(er)
A person who is paid wholly or in part by reference to the time he/she works and, having regard to the custom and practice of the employer in relation to workers employed by the worker¿s employer under the same type of contract, is not identifiable as a full-time worker.
Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000 §2(2)
Night work(er)
Night is defined to mean a period which is not less than 7 hours and which includes the period between midnight and 5 a.m., which is determined for the purposes of the Regulations by a relevant agreement, or, in default of such a determination, the period between 11 p.m. and 6 a.m.
Night worker is defined as a worker who, as normal course, works at least 3 hours of her/his daily working time during the night, or a worker who is likely, during night time, to work at least such proportion of her/his annual working time as may be specified for the purposes of these Regulations in a collective agreement or a workforce agreement and, for the purposes of working at least three hours of the daily working time during night, if such a person works hours as a normal course if she/he works such hours on the majority of days on which he works.
Working Time Regulations 1998 §2(1)
Shift work(er)
Any method of organizing work in shifts whereby workers succeed each other at the same workstations according to a certain pattern, including a rotating pattern, and which may be continuous or discontinuous, entailing the need for workers to work at different times over a given period of days or weeks.A shift worker is a worker whose work schedule is of shift work.
Working Time Regulations 1998 §22(2)
Young worker
A worker who has attained the age of 15 but not the age of 18 and who, in respect of England and Wales, is over compulsory school age, and, as respects Scotland, is over school age.
Working Time Regulations 1998 §2
NORMAL HOURS LIMITS
Daily hours limit
General limit
No general statutory daily limit identified.
Historical data (year indicates year of data collection)
2009: (No general statutory daily limit)
Special categories
» Night work
Night workers may work 8 hours per 24 hours, averaged over the worker’s reference period. However, if the worker’s work involves special hazards or heavy physical or mental strain, the employer must ensure that the worker does not in fact work more than 8 hours in any 24-hour period.
Working Time Regulations 1998 §6(1), (7) and (8)
» Young workers
8 hours for young workers (workers who have attained the age of 15 but not the age of 18 and who, in respect of England and Wales, are over compulsory school age, and, as respects Scotland, are over school age).
This limit does not apply to young workers in the armed forces, those employed on ships and in case of force majeure.
Working Time Regulations 1998 §2; §5A(1)(a), 25(2), 26-27
Weekly hours limit
General limit
The general weekly limit on working hours is 48 hours, averaged over the employee’s reference period.
Working Time Regulations 1998 §4(1)
Remarks: The weekly limit includes overtime hours.
The reference periods which apply in the case of a worker are— (a) where a relevant agreement provides for the application of this regulation in relation to successive periods of 17 weeks, each such period, or (b) in any other case, any period of 17 weeks in the course of his employment.
Historical data (year indicates year of data collection)
2009: Max. limit (including overtime) of 48 hours.
2007: Maximum limit (including overtime) of 48 hours.
1995: No general weekly limit.
Reference period(s)
The 48 hour limit can be averaged over a 17 week period.
Working Time Regulations 1998 §4
Exceptions
The 48 hour limit can be exceeded by written agreement between individual workers and employers, provided that the employer: (a) maintains up-to-date records which— (i) identify each of the workers whom he employs who has agreed that the 48 hour limit should not apply in his case; (ii) set out any terms on which the worker agreed that the limit should not apply; and (iii) specify the number of hours worked by him for the employer during each reference period since the agreement came into effect (excluding any period which ended more than two years before the most recent entry in the records); (b) permits any inspector appointed by the Health and Safety Executive or any other authority which is responsible under regulation 28 for the enforcement of these Regulations to inspect those records on request; and (c) provides any such inspector with such information as he may request regarding any case in which a worker has agreed that the 48 hour limit specified in regulation 4(1) should not apply in his case.
Working Time Regulations 1998 §5
Special categories
» Young workers
40 hours for young workers (workers who have attained the age of 15 but not the age of 18 and who, in England and Wales, are over compulsory school age, and who, in Scotland, are over school age).
This limit is not applicable to young workers in the armed forces or employed on ships or to incidences of force majeure.
Working Time Regulations 1998 §§2, 5A(1)(b), 25(2), 26, 27
» Domestic work
Domestic servants employed in private households are excluded from 48 hours limit.
Working Time Regulations 1998 §19
OVERTIME WORK
Criteria for overtime
General
No relevant provisions identified.
Limits on overtime hours
General limits
The maximum weekly hours limit (48 hours per week) includes overtime hours. No other provisions regulating overtime identified.
Working Time Regulations 1998 §4(1)
Historical data (year indicates year of data collection)
1995: No generally applicable provisions.
Compensation for overtime work
Overtime rate(s)
No statutory provisions regulating compensation for overtime identified.
Historical data (year indicates year of data collection)
2009: No statutory provisions on overtime pay.
1995: No generally applicable provisions.
Notice of requirement to work overtime
General provisions
No statutory provisions regulating notice of overtime identified.
Special categories
Part-time work
Part-time workers need not be paid overtime rates for time worked within the normal working hours of a comparable full-time worker.
Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000 §5(4)
SCHEDULES
General
No relevant provisions identified.
REST PERIODS
Rest breaks
General provisions
Where a worker’s daily working time is more than 6 hours, she/he is entitled to a rest break of not less than 20 minutes.
Further, the employer grant workers adequate rest breaks where the work pattern is such as to put the health and safety of a worker at risk, in particular because the work is monotonous or the work-rate is predetermined.
Working Time Regulations 1998 §8, 12(1) and (3)
Historical data (year indicates year of data collection)
2009: Where a worker's daily working time is more than 6 hours, she/he is entitled to a rest break of not less than 20 minutes.
The employer shall ensure that the worker is given adequate rest breaks where the work pattern according to which work is organized is such as to put the health and safety of a worker at risk, in particular because the work is monotonous or the work-rate is predetermined.
2007: Where a worker's daily working time is more than 6 hours, she/he is entitled to a rest break. A rest break is an uninterrupted period of not less than 20 minutes.he employer shall ensure that the worker is given adequate rest breaks where the work pattern according to which work is organized is such as to put the health and safety of a worker at risk, in particular because the work is monotonous or the work-rate is predetermined.
1995: No generally applicable provisions.
Exceptions
The rules on rest breaks can be modified or excluded by a collective agreement or a workforce agreement.
Working Time Regulations 1998 §23(1)
Special categories
» Young workers
Where the daily working time is more than four-and-a-half hours, young workers are entitled to a rest break of at least 30 minutes, which shall be consecutive if possible, and are entitled to spend it away from the work station. The entitlement to a rest break does not apply in cases of force majeure.When a young worker is required to work due to force majeure during a period which would otherwise be a rest period or rest break, the employer shall allow her/him to take an equivalent period of compensatory rest within the following three weeks.
Working Time Regulations 1998 §12(4)-(5), 27
» Agricultural workers
Rest break provisions do not apply.
Working Time Regulations 1998 §21
» Domestic work
The private household employers of domestic workers are not obliged to ensure that the worker is given adequate rest breaks in light of any health and safety risks arising out of the pattern of work.
However, domestic workers are entitled to a rest break where work exceeds 6 hours in a day.
Working Time Regulations 1998 §8, 12, 19
Daily rest periods
Duration
A worker is entitled to not less than 11 consecutive hours in each 24-hour period during which she/he works for an employer. May be interrupted in the case of activities involving periods of work that are split up over the day or of short duration.
Working Time Regulations 1998 §10(1) and (3)
Historical data (year indicates year of data collection)
2009: A worker is entitled to not less than 11 consecutive hours in each 24-hour period during which she/he works for an employer. May be interrupted in the case of activities involving periods of work that are split up over the day or of short duration.
2007: A worker is entitled to not less than 11 consecutive hours in each 24-hour period during which she/he works for an employer. May be interrupted in the case of activities involving periods of work that are split up over the day or of short duration.
1995: No generally applicable provisions.
Exceptions
May be modified or excluded by a collective agreement or a workforce agreement.
Working Time Regulations 1998 §23(1)
Special categories
» Shift work
The general rest period does not apply to shiftworkers changing their shift and where they cannot take a daily rest period between the end of one shift and the start of the next one.
Working Time Regulations 1998 §22(1)(a)
» Young workers
Not less than 12 consecutive hours in each 24-hour period. However, it may be interrupted in the case of activities involving periods of work that are split up over the day or of short duration.
If employed by more than one employer, the daily working time is determined by aggregating the number of hours worked for each employer.
Working Time Regulations 1998 §10(2)-(3) & 12(4)-(5)
» Domestic work
Domestic workers are covered by the general provisions on daily rest.
Working Time Regulations 1998 §10, 19
Weekly rest periods
Duration
» General
1 day.
Working Time Regulations 1998 §11(1)
Historical data (year indicates year of data collection)
2009: 1 day.
1995: No generally applicable provisions.
» Exceptions
May be derogated from by an agreement.
May be substituted to either two rest periods each of not less than 24 hours in each 14-day period, or one rest period of not less than 48 hours in each such 14-day period.
Working Time Regulations 1998 §11 §23
Day specified
» General
No relevant provisions identified, save for certain shop workers and betting workers who have a right to opt-out of work on Sundays (subject to certain conditions).
Employment Rights Act 1996 Part IV
Work on weekly rest day
» Compensation (for working on a rest day)
When a worker is required to work during a period which would otherwise be a rest period or rest break, the worker shall be entitled wherever possible to take an equivalent period of compensatory rest. In exceptional circumstances when this is not possible, the worker shall be afforded such protection as appropriate in order to safeguard the worker’s health and safety.
Working Time Regulations 1998 §24
Special categories
» Shift workers
General provision on weekly rest periods does not apply to shiftworkers changing their shift and where they cannot take a daily rest period between the end of one shift and the start of the next one.
Working Time Regulations 1998 §22(1)(b)
» Young workers
Not less than 48 hours in each seven-day period, which may be interrupted in the case of activities involving periods of work that are split up over the day or are of short duration and may be reduced where this is justified by technical or organization reasons, but not to less than 36 consecutive hours.
Working Time Regulations 1998 §11(3) and (8)
ANNUAL LEAVE AND PUBLIC HOLIDAYS
ANNUAL LEAVE
Qualifying period
The annual leave entitlement does not arise until a worker has been continuously employed under a contract for 13 weeks.
Working Time Regulations 1998 §13(7)-(8)
Duration
» General
The annual leave entitlement is 5.6 weeks (28 days).
Working Time Regulations 1998 §§13, 13A (as amended by the 2007 Amendment Regulations)
Historical data (year indicates year of data collection)
2009: 5.6 weeks (28 days).
2007: 4 weeks
ADDITIONAL LEAVE ENTITLEMENT
First additional 0.8 weeks of leave (beginning on 1st October 2007)
Second additional 0.8 weeks of leave (beginning on 1st April 2009)
1995: No generally applicable provisions.
» Exceptions
The entitlement to annual leave under r13 of the Working Time Regulations does not apply: (a) to the following sectors of activity- (i) air, rail, road, sea, inland waterway and lake transport; (ii) sea fishing; (iii) other work at sea; or (b) to the activities of doctors in training, or (c) where characteristics peculiar to certain specific services such as the armed forces or the police, or to certain specific activities in the civil protection services, inevitably conflict with the provisions of these Regulations.
Working Time Regulations 1998 r18
Payment
» Amount
Paid at the rate of a week’s pay in respect of each week of leave.
Working Time Regulations 1998 §16
» Date of payment
No relevant provisions identified.
Schedule and splitting
Annual leave to which a worker is entitled under the Working Time Regulations may be taken in instalments, but: (a) it may only be taken in the leave year in respect of which it is due, and (b) it may not be replaced by a payment in lieu except where the worker’s employment is terminated.
A worker may take leave to which he is entitled on such days as he may elect by giving notice to his employer in accordance with r15(3) of the Working Time Regulations, subject to any requirements imposed by the employer with respect to days on which annual leave may or may not be taken.
Working Time Regulations 1998 rr13(9), 15
Work during annual leave
No relevant provisions identified.
Special categories
» Domestic work
Domestic workers are entitled to annual leave.
Working Time Regulations 1998 r19
PUBLIC HOLIDAYS
Number and dates
England and Wales have 9 public holidays in 2012: 1) New Year’s Day 2 January 2) Good Friday 6 April 3) Easter Monday 9 April 4) Early May Bank Holiday 7 May 5) Spring Bank Holiday 4 June (usually end of May) 6) Queen’s Diamond Jubilee 5 June (special holiday, exceptional to 2012) 7) Summer Bank Holiday 27 August 8) Christmas Day 25 December 9) Boxing Day 26 December
Scotland has 10 public holidays: the 9 above, plus St Andrew’s Day, which is to be held on 30 November 2012.
An employee is entitled to be permitted by his employer to take a reasonable amount of time off during the employee’s working hours in order to take action which is necessary— (a)to provide assistance on an occasion when a dependant falls ill, gives birth or is injured or assaulted, (b)to make arrangements for the provision of care for a dependant who is ill or injured, (c)in consequence of the death of a dependant, (d)because of the unexpected disruption or termination of arrangements for the care of a dependant, or (e)to deal with an incident which involves a child of the employee and which occurs unexpectedly in a period during which an educational establishment which the child attends is responsible for him.
Employment Rights Act 1996 s57A(1)
PART-TIME WORK
General provisions
A part-time worker is a person who is paid wholly or in part by reference to the time he/she works and, having regard to the custom and practice of the employer in relation to workers employed by the worker’s employer under the same type of contract, is not identifiable as a full-time worker.
The only relevant provisions identified with specific application to part-time workers were those establishing a right to equal treatment as a comparable full-time worker (see below). No other relevant provisions identified.
Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000 §2(2)
Right to equal treatment
Right/scope
Part-time workers must not be treated by the employer in less favourably than full-time workers with respect to terms of contract or by being subjected to other detriments by any act, or deliberate failure to act of the employer.
Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000 §5(1)
Permissable justification for different treatment
Less favourable treatment of part-time workers is permissible where: (a) the treatment is not on the ground that the worker is a part-time worker, or (b) the treatment is justified on objective grounds.
Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000 r5(2)
NIGHT WORK
Criteria for night work
No provisions establishing criteria for requiring night work identified.
Limits
Daily hours limit
A night worker’s normal hours of work in any reference period which is applicable in his case shall not exceed an average of eight hours for each 24 hours.
An employer may not seek to average a night worker’s daily working hours where the work involves special hazards or heavy physical or mental strain.
Working Time Regulations 1998 §6(1), (7) and (8)
Remarks: The work of a night worker shall be regarded as involving special hazards or heavy physical or mental strain if: (a) it is identified as such in a collective agreement, or a workforce agreement, which takes account of the specific effects and hazards of night work, or (b) it is recognised in a risk assessment made by the employer under regulation 3 of the Management of Health and Safety at Work Regulations 1992(12) as involving a significant risk to the health or safety of workers employed by him.
Weekly hours limit
The general weekly working hour limit applies to night workers.
Working Time Regulations 1998 r4(1)
Overtime work
Overtime work is to be included in the weekly limit of 48 hour on average over the course of the employee’s reference period.
Working Time Regulations 1998 r4(1)
Workers' health
A free health assessment must be carried out before an assignment to perform night work and afterwards over regular intervals.
Working Time Regulations 1998 §7
Transfers
From night work to day work for health-related reasons. When health problems connected to night work have been confirmed by a registered medical practitioner, a night workers should be allowed to transfer to day work when it is possible to do so.
Working Time Regulations 1998 §7(6)
Special categories
Young workers
An employer shall not assign a young worker to work during the period between 10pm and 6am unless the young worker will have or has had the opportunity of a free assessment of his health and capacities before he takes up the assignment. Where a young worker is assigned to work between 10pm and 6am, the worker must be given the opportunity of a free assessment of his health and capacities at regular intervals of whatever duration may be appropriate in his case.
The above requirement does not apply where the work a young worker is assigned to do is of an exceptional nature.
Working Time Regulations 1998 §7(2), (4)
Domestic work
The 8 hour daily limit does not apply to domestic workers.
Working Time Regulations 1998 §19
SHIFT WORK
Criteria for shift work
No relevant provisions identified.
ON-CALL WORK
Criteria
No provisions regulating on-call work identified.
FLEXITIME
Criteria
No provisions regulating flexitime arrangements identified.
CASUAL WORK
General provisions
No provisions specific to casual work identified.
Remarks: Casual workers are not excluded from the general working time protections.
SHORT-TIME WORK/WORK-SHARING
General provisions
No statutory provisions regulating short time work / work sharing arrangements identified. However, the Employment Rights Act provides for conditions in order to receive redundancy payment through short time work.
Employment Rights Act 1996 §147, 150
RIGHT TO CHANGE WORKING HOURS
Type of changes permitted
The changes that may be requested shall relate to: (i) the hours the employee is required to work, (ii) the times when the employee is required to work, (iii) where, as between his home and a place of business of his employer, he is required to work, or (iv) such other aspect of his terms and conditions of employment as the Secretary of State may specify by regulations.
Employment Rights Act 1996 §80F (as amended by s47 of the Employment Act 2002)
Limitations
An application may only be made: (1) after the worker making the application has been continuously employed for a period of 26 weeks; and (2) if the application is made for the purposes of caring for a child - before the child reaches the age of 6 or, if disabled, 18.
If an employee has made an application under this section, he may not make a further application under this section to the same employer before the end of the period of twelve months beginning with the date on which the previous application was made.
Flexible Working (Eligibility, Complaints and Remedies) Regulations 2002 r3, 3A (as amended by 2006 Amendment) Employment Rights Act 1996 s80F(4)
Reasons for request
Parents
An employee is entitled to make an application to his or her employer for a contract variation if he or she is either: (i) the mother, father, adopter, guardian or foster parent of the child or; (ii) married to or the partner of the child’s mother, father, adopter, guardian or foster parent; and has, or expects to have, responsibility for the upbringing of the child.
Flexible Working (Eligibility, Complaints and Remedies) Regulations 2002 r3
Carers
An employee is entitled to make an application to his employer for a contract variation to enable him to care for a person aged 18 or over if the employee is or expects to be caring for a person in need of care who is either: (i) married to or the partner or civil partner of the employee; (ii) a relative of the employee; or (iii) living at the same address as the employee
Flexible Working (Eligibility, Complaints and Remedies) Regulations 2002 r3A (as amended by the 2006 Amendment Regulations)
Employer duties
An employer to whom an application under section 80F is made shall deal with the application in accordance with regulations made by the Secretary of State.
Employment Rights Act 1996 s80G Flexible Working (Procedural Requirements) Regulations 2002
Permissible reasons for refusal
An employer shall only refuse an application for contract variation under s80F because he or she considers that one or more of the following grounds applies: (i)the burden of additional costs, (ii)detrimental effect on ability to meet customer demand, (iii)inability to re-organise work among existing staff, (iv)inability to recruit additional staff, (v)detrimental impact on quality, (vi)detrimental impact on performance, (vii)insufficiency of work during the periods the employee proposes to work, (viii)planned structural changes, and (ix)such other grounds as the Secretary of State may specify by regulations.
Employment Rights Act 1996 s80G(1)(b)
Procedure
General
An application shall: (a) be made in writing, (b) state whether a previous application has been made by the employee to the employer and, if so, when, and (c) be dated.
It must also: (a) state that it is such an application, (b) specify the change applied for and the date on which it is proposed the change should become effective, (c) explain what effect, if any, the employee thinks making the change applied for would have on his employer and how, in his opinion, any such effect might be dealt with, and (d) explain how the employee meets the statutory conditions as to the employee’s relationship with the child or other person for whom the employee is to care.
An employer to whom an application for a contract variation is made shall hold a meeting to discuss the application with the employee within 28 days after the date on which the application is made.
Where a meeting is held to discuss an application the employer shall give the employee notice of his decision on the application within 14 days after the date of the meeting.
Flexible Working (Eligibility, Complaints and Remedies) Regulations 2002 r4 Flexible Working (Procedural Requirements) Regulations 2002 rr3, 4 Employment Rights Act 1996 s80F(2)
Right to return to prior working time
No relevant provisions identified.
Right to information
Where the employer decides to refuse the application, it must give notice to the employee: (a) stating which of the grounds for refusal specified in section 80G(1)(b) of the 1996 Act are considered by the employer to apply, (b) containing a sufficient explanation as to why those grounds apply in relation to the application, and (3) setting out the appeal procedure.
Flexible Working (Procedural Requirements) Regulations 2002 r5(b)
INFORMATION & CONSULTATION
Information
Where an employee begins employment with an employer, the employer shall give to the employee a written statement of particulars of employment. This statement shall include (among other things): (i) any terms and conditions relating to hours of work (including any terms and conditions relating to normal working hours), and (ii) any terms and conditions relating to the employee’s entitlement to holidays, including public holidays, and holiday pay (the particulars given being sufficient to enable the employee’s entitlement, including any entitlement to accrued holiday pay on the termination of employment, to be precisely calculated).
Employment Rights Act 1996 s1(4)(c) and (d)
Consultation
No relevant provisions identified.
Results generated on: 19th April 2024 at 21:11:37.
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