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Working Time Regulations

The Regulations were amended, with effect from 1 August 2003, to extend working time measures in full to all non mobile workers in road, sea, inland waterways and lake transport, to all workers in the railway and offshore sectors, and to all workers in aviation who are not covered by the sectoral Aviation Directive. The Regulations applied to junior doctors from 1 August 2004.

Mobile workers in road transport have more limited protections. Those subject to European Drivers' hours rules 3820/85 are entitled to 4 weeks paid annual leave and health assessments if a night worker from 1 August 2003. Mobile workers not covered by European drivers' hours rules will be entitled to an average 48 hours per week, 4.8 weeks paid holiday, health assessments if a night worker and adequate rest.

The Regulations were previously amended, with effect from 6 April 2003, to provide enhanced rights for adolescent workers. Because of these amendments to the Regulations, sections of the guidance have been revised. These are: Section 2: Working time limits and Section 3: Working at night - see Your guide to the Working Time Regulations.

The basic rights and protections that the Regulations provide are:

• a limit of an average of 48 hours a week which a worker can be required to work (though workers can choose to work more if they want to).
• a limit of an average of 8 hours work in 24 which nightworkers can be required to work.
• a right for night workers to receive free health assessments.
• a right to 11 hours rest a day.
• a right to a day off each week.
• a right to an in-work rest break if the working day is longer than 6 hours.
• a right to 4 weeks paid leave per year.

Current position on the opt-out in the UK

As the Working Time Directive is going through a negotiating process in Europe, the UK Working Time laws remain unchanged and so workers are still able to opt-out of the weekly working time limits if they wish.

Member States reached agreement on a revised Working Time Directive at the European Employment Council on 9 June 2008. This was a landmark agreement and allows the UK's vital labour market flexibility to continue, while ensuring workers are treated fairly. The opt-out was preserved with no references to phasing it out or a future end date. The Directive must now be progressed through European Parliament for their consideration. This is likely to be sometime in late 2008 or early 2009.

The UK will be given time to implement any changes to legislation after the revised text has concluded its passage through the European legislative process and has been formally agreed.

Enforcement

Enforcement is split between different authorities. The limits and health assessments (if a night worker), are enforced by the Health and Safety Executive, local authority environmental health departments, the Civil Aviation Authority (CAA),the Vehicle and Operator Services Agency (VOSA) and Office of Rail Regulation (ORR).The entitlements to rest and leave are enforced through employment tribunals. The Employment Tribunals Service can also help you with information about making a claim or about Tribunal procedures.

However, if you require further information about the application of the Regulations you should contact Acas.

To reduce your admin burden as an employer: don’t duplicate records for working time – your payroll may already include all the information the law requires. You could also use the proforma on businesslink.gov.uk instead of paying advisers to draft opt-out letters.