Do Rights On Working Time Tip The Balance?
From 1 October, for the first time in the UK, the maximum working week will be 48 hours. The UK is implementing the Working Time Directive from this date which will have massive implications on working practices for many employers. The Government have stated that '...these regulations are part of the Government's pledge to give a fair balance between the rights and responsibilities of employers and employees at the workplace.'
The Working Time Regulations 1998 ('the Regulations'), which implement the directive into our domestic legislation, lay down minimum health and safety requirements for the organisation of working time. They deal principally with worker's rights to rest periods, paid holiday and restrictions on hours of work. The definition of worker covers those with a contract of employment (whether in writing or not) plus a wider group who undertake work under other forms of contract such as agency and temporary workers and freelancers. The Regulations do not cover the self employed.
The Regulations stipulate that workers are entitled to a minimum daily rest period of eleven consecutive hours in any 24 hour period (daily rest) and in each seven day period to a minimum uninterrupted rest period of 24 hours (weekly rest). Where the working day is longer than six hours every worker is entitled to a rest period of not less than 20 minutes.
Workers will also enjoy for the first time the statutory right to three weeks paid annual leave (rising to four weeks in November 1999). This provision is likely to have the greatest impact in relation to casual and temporary employees. There is a three month qualifying period for workers who have just started work. Leave cannot be replaced by pay in lieu other than upon the termination of employment where the Regulations provide a specific formula for calculation of pay.
One of the key provisions is in relation to the 48 hour limit. The Regulations set a 48 hour limit on the average amount of working time which can be done by a worker during a seven day period. To calculate the average the Regulations provide for a standard reference period of 17 weeks which can be extended to six or 12 months under certain circumstances. An individual worker is currently able to agree in writing to opt out of the 48 hour maximum working week although it is important that an employee's contract incorporates specific authorisation which can be withdrawn upon 3 months' notice.
Night workers are also caught by the Regulations. A night worker is one who regularly works at least three hours of their daily working time during the period between midnight and 5am. Night workers are entitled to free health assessments and their working time (subject to some derogations) is limited to an average of eight hours in any 24 hour period over a reference period of 17 weeks.
Derogations are set out in detail in the Regulations. In summary these include specified circumstances such as security and surveillance activities, hospital services, residential institutions, dock or airport workers and where there is a foreseeable surge of activity such as in tourism, agriculture and postal services. The Regulations also provide for the ability to make collective agreements with an independent trade union or a workforce agreement between the employer and workers employed by him or their representatives.
Employees will be able to enforce their rights at an employment tribunal and it will be automatically unfair to dismiss an employee where the reason or principal reason for the dismissal is detrimental treatment under the Regulations. There is no qualifying period of service required to bring a claim and it is anticipated that the employment tribunals are likely to be sympathetic to claimants.
The Regulations are complex and difficult to apply to practical situations. We recommend that all employers who are unsure as to the effect of the Regulations on their employees should take legal advice before the Regulations come into force on 1 October. Hammond Suddards produced an Employer's Guide to the legal issues earlier this year which is still available with a free update/summary showing how the new Regulations have changed the draft Regulations issued a few months ago. If you have already purchased the main guide the update will be sent to you automatically.
STOP PRESS
Discrimination protection extended for disabled people.
The Minister for Disabled People announced on 8 September that with effect from 1 December 1998 the employment provisions of the Disability Discrimination Act 1995 (DDA) will extend to employers employing 15 or more people from the present limit of 20 or more. This is likely to bring another 45,000 employers, employing three quarters of a million people, under the umbrella of the DDA. It is proposed to establish a Disability Rights Commission which will monitor progress with a view to making further recommendations. The DDA is starting to bite.
For further information please contact Susan Nickson, e-mail: Click Contact Link , Trinity Court, 16 John Dalton Street, Manchester M60 8HS, UK, Tel: +44 161 830 5000
This article was first published as the September 1998 Hammond Suddards Employment Bulletin
The information and opinions contained in this article are provided by Hammond Suddards. They should not be applied to any particular set of facts without appropriate legal or other professional advice.
From 1 October, for the first time in the UK, the maximum working week will be 48 hours. The UK is implementing the Working Time Directive from this date which will have massive implications on working practices for many employers. The Government have stated that '...these regulations are part of the Government's pledge to give a fair balance between the rights and responsibilities of employers and employees at the workplace.'
The Working Time Regulations 1998 ('the Regulations'), which implement the directive into our domestic legislation, lay down minimum health and safety requirements for the organisation of working time. They deal principally with worker's rights to rest periods, paid holiday and restrictions on hours of work. The definition of worker covers those with a contract of employment (whether in writing or not) plus a wider group who undertake work under other forms of contract such as agency and temporary workers and freelancers. The Regulations do not cover the self employed.
The Regulations stipulate that workers are entitled to a minimum daily rest period of eleven consecutive hours in any 24 hour period (daily rest) and in each seven day period to a minimum uninterrupted rest period of 24 hours (weekly rest). Where the working day is longer than six hours every worker is entitled to a rest period of not less than 20 minutes.
Workers will also enjoy for the first time the statutory right to three weeks paid annual leave (rising to four weeks in November 1999). This provision is likely to have the greatest impact in relation to casual and temporary employees. There is a three month qualifying period for workers who have just started work. Leave cannot be replaced by pay in lieu other than upon the termination of employment where the Regulations provide a specific formula for calculation of pay.
One of the key provisions is in relation to the 48 hour limit. The Regulations set a 48 hour limit on the average amount of working time which can be done by a worker during a seven day period. To calculate the average the Regulations provide for a standard reference period of 17 weeks which can be extended to six or 12 months under certain circumstances. An individual worker is currently able to agree in writing to opt out of the 48 hour maximum working week although it is important that an employee's contract incorporates specific authorisation which can be withdrawn upon 3 months' notice.
Night workers are also caught by the Regulations. A night worker is one who regularly works at least three hours of their daily working time during the period between midnight and 5am. Night workers are entitled to free health assessments and their working time (subject to some derogations) is limited to an average of eight hours in any 24 hour period over a reference period of 17 weeks.
Derogations are set out in detail in the Regulations. In summary these include specified circumstances such as security and surveillance activities, hospital services, residential institutions, dock or airport workers and where there is a foreseeable surge of activity such as in tourism, agriculture and postal services. The Regulations also provide for the ability to make collective agreements with an independent trade union or a workforce agreement between the employer and workers employed by him or their representatives.
Employees will be able to enforce their rights at an employment tribunal and it will be automatically unfair to dismiss an employee where the reason or principal reason for the dismissal is detrimental treatment under the Regulations. There is no qualifying period of service required to bring a claim and it is anticipated that the employment tribunals are likely to be sympathetic to claimants.
The Regulations are complex and difficult to apply to practical situations. We recommend that all employers who are unsure as to the effect of the Regulations on their employees should take legal advice before the Regulations come into force on 1 October. Hammond Suddards produced an Employer's Guide to the legal issues earlier this year which is still available with a free update/summary showing how the new Regulations have changed the draft Regulations issued a few months ago. If you have already purchased the main guide the update will be sent to you automatically.
STOP PRESS
Discrimination protection extended for disabled people.
The Minister for Disabled People announced on 8 September that with effect from 1 December 1998 the employment provisions of the Disability Discrimination Act 1995 (DDA) will extend to employers employing 15 or more people from the present limit of 20 or more. This is likely to bring another 45,000 employers, employing three quarters of a million people, under the umbrella of the DDA. It is proposed to establish a Disability Rights Commission which will monitor progress with a view to making further recommendations. The DDA is starting to bite.
For further information please contact Susan Nickson, e-mail: Click Contact Link , Trinity Court, 16 John Dalton Street, Manchester M60 8HS, UK, Tel: +44 161 830 5000
This article was first published as the September 1998 Hammond Suddards Employment Bulletin
The information and opinions contained in this article are provided by Hammond Suddards. They should not be applied to any particular set of facts without appropriate legal or other professional advice.
