On 1st October 1998, the Working Time Regulations (WTR) became law in Great Britain. This legislation lays down minimum conditions in relation to issues such as weekly working time, rest entitlements and annual leave. This article brings you a brief outline of these. 

What is "working time’?

‘Working time’ is defined as when a worker is ‘working at his employers disposal and carrying out his activity or duties’. If a worker is on call’ – but otherwise free to do as he or she pleases – this would not be working time.

Similarly, if a worker is required to be on site on call’ with provision made for such a worker to sleep during this period, under the WTR the worker would not be working. A lunch break spent at leisure is not working time, whereas a working lunch would be considered working time.

The basic rights and protections that the Regulations provide are:

•   an average weekly working time of 48 hours.

The WTR impose an obligation on employers to take all reasonable steps to ensure that workers do not work more than an average of 48 hours a week over a 17-week period.

Workers can choose to sign an Opt Out agreement by which they agree to waive these rights and work longer hours. Over 40 per cent of UK workers have opted out of the maximum working week.

•   a limit of an average of eight hours work in every 24-hour period, which night workers can be required to work

•   a right for night workers to receive free health assessments

•   weekly rest periods – the right to a day off each week

•   daily rest periods – the right to 11 hours rest between each working period

•   rest breaks at work – the right to an in-work rest break of 20 minutes if the working day is longer than six hours

•   paid annual leave – the right to 28 days paid leave per year. These can be inclusive or exclusive of Bank Holidays at the discretion of the employer

•   specific provisions in relation to young workers including:

•   a limit of eight hours work days

•   a maximum of 40 hours per week

•   re-prohibition of night work between 10pm and 6am or between 11pm and 7am

•   young workers may only work more than the above-mentioned hours if there is an increase in the demand for a service on a short-term, or one-off basis, where no adult is available and it does not negatively affect the young worker’s training needs. They must, however, be adequately supervised during night work hours and given equivalent periods of rest. 

Author

Nicky Ackerley BA(Hons)

Nicky Ackerley HR Support is owned by Nicky Ackerley who has a BA (Hons) Business Studies Degree, is a member of the Chartered Institute of Personnel and Development and who has been a practising HR manager for over 20 years. HR Support Consultancy has provided the BVNA's Industrial Relations Service since it began in 2002.

For further support with this or any other HR issue BVNA members can call the BVNA IRS Helpline on 01822 870270

• VOL 27 • January 2012 • Veterinary Nursing ·Journal