Hours of Work
There are many factors for employers to consider in getting patterns of working hours right for their business and at the same time complying with workers statutory rights and meeting their reasonable requirements in the modern workplace.
The appropriate starting point is the Working Time Regulations 1998 (as amended) which were introduced in October 1998.and provide that most workers are legally entitled to
1. a maximum working week of not more than 48 hours, including overtime.
2. a maximum of 8 hours night work
3. a daily rest period of eleven hours
4. a day off per week
5. a rest break if working more than 6 hours
6. 5.6 weeks paid annual leave
The effect of the Regulations on children and young workers is dealt with in the Information sheet “Recruitment - Children and young workers”
It is possible for workers to opt out of the “48 hour week”.
Where the worker is entitled to a rest break it should be for an uninterrupted period of at least 20 minutes (30 minutes for young workers) and not taken at the start or end of working time. Workers do not have a statutory right to be paid for their rest breaks and adult workers can work through them if they choose to do so. The arrangements for rest periods can be verbal..
Legislation that might be relevant to patterns of working hours includes:
* Part time workers regulations
* Fixed term employees regulations
* Agency workers regulations
* Flexible workers regulations
:
Other factors that might need to be considered include:
* Overtime
* Lay-offs
* Sunday working
Any variations to hours of work should be dealt with in exactly the same way as any other changes to contract terms and conditions. The employer should only vary or add to a contract of employment with the consent of the employee and after due consultation has taken place. However, there may just be an exception to this position where a variation or addition is reasonably necessary to reflect changes in the needs of the business. The essential point is what is “reasonably necessary” and to avoid subsequent problems it must always be better to obtain agreement with the employee before making any change whenever it is possible to do so.
The statutory requirement relating to written particulars is that if there is any change in the particulars of employment then the employee must be notified in writing within one month.
All PBS information sheets are designed to provide the detail needed to implement best business and employment practices. They are not a detailed commentary on the current law and where advice is required in a specific case you should contact PBS for expert consultation.