My Employment Rights

Working Hours & Holiday

An employee's working hours and holiday is generally provided for in their contract of employment. However, the Working Time Regulations 1998 provide certain minimum entitlements and rights.

Working Time
Working time is essentially the time spent at the disposal of the employer.
It specifically includes:
• Time spent performing work duties;
• "on-call" time where the employee is required to be at work;
• Working lunches;
• Time spent travelling on business;
• Work related training;
• Time spent abroad.
It excludes:
• Routine travel to and from work;
• Rest breaks, where no work is done;
• Non-work related training (ie evening classes)
• "on-call" time where the employee is not at the place of work and is free to do other activities.
The rules relating to working time apply to employees and workers.

Limits on Working Hours
There is a limit of an average 48 hour week for adults (40 hours for young workers) usually calculated over a 17 week period.
Adults can agree to opt out of this maximum period. They can also opt back in at any time, providing they give notice to the employer (the most notice the employer can require is 3 months).
Employers are required to keep detailed records of the hours worked by employees who do not opt out.
Employees who can determine their working hours, for example directors of a business, are not covered the maximum average.

Night Workers
If a worker normally works more than 3 hours between the hours of 11pm and 6am, they are deemed a night worker.
Night workers cannot work more than 8 hours per night on average in a 24 hour period. This excludes overtime hours, unless they are contractually guaranteed.
Young night workers are not normally permitted to work between the hours of 10pm and 6am, although there are certain industry exceptions.
Night workers are also entitled to regular health checks to assess their suitability to work nights.

Rest Entitlements

Rest Breaks
Adults are entitled to a 20 minute rest break for every 6 hours work they perform. Young workers are entitled to 30 minutes where they work 4.5 hours.
A break must be taken during the shift, not at the beginning or end.
Daily
Adults are entitled to at least 11 hours consecutive rest in each 24 hour period in which they work
Young workers are entitled to at least 12 hours
In certain exempted cases, adults can have revised rest arrangements, as long as compensatory rest is provided.
Weekly
Adults are entitled to at least 24 hours consecutive rest in any 7 day period, or 48 hours rest in any 14 day period.
Young workers are entitled to at least 48 consecutive hours rest in any 7 day period.
In certain exempted cases, adults can have revised rest arrangements, as long as compensatory rest is provided.

Annual Leave
All workers are entitled to 5.6 weeks' paid annual leave each year, capped at 28 days. This is inclusive of statutory/bank holidays.
The number of days in each week should reflect the workers normal working days. Eg, if the worker works 5 days a week, they are entitled to 5.6x5 = 28 days.
Workers are required to provide notice of their intention to take leave and employers may refuse the request, providing they permit leave to be taken within the holiday year.
Workers cannot be paid in lieu of their annual leave; they must be allowed to take it. The only exception to this is where the worker's employment terminates, in which case their outstanding entitlement can be paid.

Enforcement
Workers who are denied their rights may pursue their claims in the employment tribunal.
The time limit for doing do is 3 months from the date of the event complained of.
A tribunal may make a declaration of breach by the employer and/or it may order compensation to be awarded for the losses suffered by the worker.