The Working Time Regulations implement the European Working Time Directive into Northern Ireland law. This article only looks at those Drivers who operate under EC Drivers Hours Rules. There’s no legal obligation that the first 20 days holiday entitlement, if unused, should be carried forward into the next leave year, if your employer has encouraged you take the leave, unless you’ve been off sick or on maternity leave (see below). Compensatory rest doesn’t necessarily need to come out of time that would otherwise have been working time. Under Spanish law, employers then only had to keep a record of overtime hours worked each day by each worker, rather than all the hours they actually worked (it has changed since, see below). In September 2015 the ECJ decided that travel time counts as working time. The Working Time Regulations entitle all (*see exceptions below) Workers and Employees to: A minimum Daily Rest period of 11 hours uninterrupted rest between finishing your job and starting the next day (Workers aged between 15-18 are entitled to a minimum daily rest break of 12 hours). The claimant, Mr. There are two different types of ‘Bank’ Holidays – bank holidays and public holidays. The WTR is currently incompatible with the original EU Working Time Directive which says that workers should be able to bring claims even if they have not taken any holiday leave, However, in the equally long-running case of Smith v Pimlico Plumbers (see details, You should get paid for any untaken holiday if you leave your employer, but you have no legal entitlement to be paid if you cannot or choose not to take them all. The Working Time Regulations 1998 lunch breaks; normal travel to and from fixed or habitual workplaces; time on call away from the workplace; evening and day-release classes not related to work; travelling outside of normal working hours; unpaid overtime a worker has volunteered for, e.g. Where a bank holiday is aligned to a Christian festival, (i.e. Records showing that the weekly working limit has been complied with; it’s up to your Employer to determine what records need to be kept for this purpose (i.e. Mr. Grange lodged a grievance in July 2014 that he’d been made to work without a rest break. guide to holiday entitlement and sick leave here for full details. There are specific requirements that an employer needs to follow. Breaches of rest-break provisions are made through a claim to Employment Tribunal (within three months of the breach), although compensation is usually very limited, or via claims to the Health and Safety Executive. If you are on a contract for a fixed period (. Employees should be … Your employer should reply (agree or disagree by giving counter notice) within the same length of time as your intended leave – e.g. It sets out the requirements relating to working hours, rest breaks and annual leave with the intention to support the health and safety of workers. The regulations state that your employees may not exceed a specific number of working hours per day and per week. Where a worker does not have regular or normal working hours, holiday pay is calculated based on average weekly pay in the 12 weeks before the holiday date (or if the worker did not work in the previous 12 weeks, then the last 12 weeks they worked/earned). Therefore, all member states must require employers to set up “an objective, reliable and accessible system enabling the duration of time worked each day by each worker”. Clearly this kind of work needs to take account of the Working Time Directive, which is designed to prevent workers being forced to If you work more than nine hours, you are entitled to a 45-minute break after six hours of work. The Harpur Trust may, of course, appeal this decision to the Supreme Court. The EAT rejected Network Rail’s point that a 20 minute period of compensatory rest could be made by adding up other shorter periods of rest. It sets minimum periods of daily rest, weekly rest and annual leave, breaks and maximum weekly working time.It also aims to protect workers from negative health effects due to shift and night work as well as certain patterns of work. 5.6 x 5 days per week = 28 days but 5.6 x 6 days per week = 33.6 days is not a legal entitlement. The Working Time Regulations (WTR) and rest breaks. They affect the number of hours an employee can work per week as well as the rest breaks the employee is entitled to - including breaks between shifts, annual leave and days off. Our registered office is: Telecom House, 125-135 Preston Road, Brighton BN1 6AF. The Working Week is calculated with your ‘normal’ weekly working hours and any: There’s extra protection under WTR for people classified as night workers. The legislation states that you cannot work for more than 48 hours per week, which is normally measured over a 17 week ‘reference period’. This case went to the Court of Appeal in August 2019 and the CoA agreed with the EAT (accepting the fact that this could mean some part-year workers are entitled to a higher proportion of their annual earnings as holiday pay; because Ms Brazel was employed on a permanent contract and was therefore entitled to 5.6 weeks holiday a year). To convert this to days, divide this number by the number of hours you work each day. If this isn’t specified, you must give at least twice the length of the intended leave period you wish to take – e.g. Press/Film/TV, hospital and care workers, farm workers, utility workers, dock and airport workers. Working Time Directive Archives – more information on Directive 93/104/EC, Directive 2000/34/EC and documents on 2004-2012 initiative to amend Directive 2003/88/EC Related news 26/10/2020 The WTR have been amended by the Working Time … Working time limits (the 48-hour week) Working at night; Rest breaks - a break during your working day. You are not entitled to SSP (unless you are ill). Overtime work must also conform to the maximum working hours specified above (i.e. In this video I explain HGV drivers hours and working time directive basics that will keep you legal. However, the UK government had intervened in this case to argue against the CJEU outcome and the UK will need to amend the Working Time Regulations to comply with this decision (and could face infringement proceedings from the European Commission if they fail to do this). Should workers be exempt, “compensatory rest” will usually have to be given. They also give workers and employees the right to paid leave and specified rest breaks. A worker is an individual who is obliged under a civil law contract to perform “dependent” work for an employer which means that the employer has the right to issue directives (Weisungsrecht) concerning place, time and details of work duties. WORKING TIME DIRECTIVE ... For example, a break of 6 hours between shifts can be compensated with a subsequent break of 16 hours between shifts. All employees have the legal right to request flexible working – not just parents and carers. The Working Time Directive also contains special rules that apply to certain categories of workers (mobile workers, offshore workers and workers on board of seagoing fishing vessels). There would also need to be updated guidance from the Health & Safety Executive (as they are the body that enforces WTR record-keeping obligations)! The EAT upheld Mr. Grange’s appeal. Flexible working is a way of working that suits an employee's needs, e.g. If you are fit to work and can work from home, you should be paid as normal during your self-isolation period. The RTD defines working time as the time from the beginning of work during which mobile workers are at their workplace and at the disposal of the employer and are actively carrying out their daily duties - i.e, the time devoted to all road transport activities. Employees should be able to take this rest break away from their work station. in agriculture, tourism and postal services. 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