Assessments should be repeated regularly.ģ. Adolescent workers are entitled to a health and capacities assessment, which covers the worker's physical and psychological abilities to do the work. 16-18 year olds should not normally be allowed to work nights. Workers are entitled to a health assessment before being required to perform night work Night workers in the transport industry are limited to ten hours in 24. There are some exemptions in health and public services (eg nursing homes). Night workers whose work involves special hazards or physical or mental strain are limited to eight hours for every 24-hour period (eg workers in the steel industry). There is no opt-out facility for night work regulations.Įxtra restrictions apply for night work involving special hazards or strain. The averaging period can be extended by agreement or in specified circumstances. 
Night working hours are averaged over 17 weeks.Unless otherwise agreed by the employer and workers, night time runs from 11pm to 6am. Night time is a period of at least seven hours which includes the hours from midnight to 5am.The rules apply to night workers who regularly work at least three hours during night time.Night work Night workers should not exceed an average of eight hours in each 24-hour period Once they have made a request, they are not entitled to make another until 12 months later.Ģ.They must have at least 26 weeks' service.Most employees have the right to make a written request for flexible working Transport workers are excluded from the opt-out arrangements but may work up to 60 hours in any one week, provided the 48-hour average is not exceeded.This means that employees have to work their annual quota first before becoming entitled to overtime. Employers may consult on and agree a system of annualised hours where the total number of hours worked does not exceed an average of 48 hours per week over a period of one year.Workers who regularly work overtime which takes them over the limit must have signed an opt-out agreement. Workers can be offered overtime which takes them over the limit, but cannot be forced to work the overtime.Pressuring workers to agree to disapply the limit is a breach of the regulations. Workers cannot be forced to agree to disapply the limit.There must be a suitable written agreement.
Workers (at the moment) can voluntarily agree to disapply the 48-hour limit
For transport workers 'periods of availability' known in advance do not count as working time. #Worktime regulations free#
If the employee is on call and free to pursue leisure activities, it is not. Being on standby to be called out, if the employee is at the place of work, is counted as working hours.Lunch breaks are not working hours (but a working lunch is).Travel to and from clients at the start and finish of a day is classed as working time where mobile workers have no fixed place of work (for example, care workers and installers or services in client's homes).However, travel as part of the employee's duties is.
Travel time to and from work is not usually counted as working hours. Work-related training is counted as part of the working week. Working hours includes any time when the worker is at the employer's disposal and is expected to carry out activities or duties for the employer. Time spent training, travelling or on standby may be included in working hours For workers who have been employed for less than 17 weeks, the average is calculated from the time the worker started employment. For example, a worker who has been on holiday for half of a 17-week period cannot be forced to work 96 hours a week for the remainder. The average must be calculated in a way which takes into account periods of leave, sickness and so on. The reference period may be extended to up to 52 weeks by agreement (eg where work fluctuates over the year). For some special cases, the reference period is 26 weeks. If the workers agree, the average can be calculated over successive 17-week periods, rather than on a rolling basis. 
Hours worked are averaged out over a 17-week 'reference period'. The working week Workers have a statutory right to a maximum average working week of 48 hours Working time regulations aim to improve health and safety by controlling the hours employees work.Įnforcement 1. Regulations covering working hours apply to almost every business.
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