Last week we dealt with some of the limitations placed on businesses who employ Young Workers, i.e. those workers who are over school leaving age (16 by the end of the summer holidays) but under 18.
So now we know how these regulations apply to Young Workers, what do they say for everybody else?
Working week
One of the main impacts of The Working Time Regulations 1998 is the maximum working week. For workers over 18, this is set at an average of 48 hours per week when calculated over a 17 week period.
It should be noted that there are some exceptions, such as trainee Doctors and offshore oil and gas where special rules apply.
Employees can voluntarily opt out of the 48 hour week.
Rest periods
A secondary impact of The Working Time Regulations 1998 is the entitlement to daily and weekly rest breaks.
Workers over 18 are entitled to a minimum:
· 20-minute break if their working day is longer than 6 hours;
· 11 hours’ rest in any 24-hour period in which they work (for example, between one working day and the next);
· An uninterrupted 24 hours rest each week or 48 hours’ rest taken each fortnight
Any rest period cannot be at the beginning or the end of the day to shorten the shift.
There is no requirement for rest periods to be paid and there is no requirement for this to be in addition to any other breaks. As such, if you give your workers a lunch break of more than 20 minutes then this is all that is required.
Opting out
A worker who is over 18 can voluntarily opt out of the maximum working week. This can either be an indefinite opt out, or for a limited time. It should be noted that an opt out is optional and an employee cannot be punished or put to a detriment for refusing to do so or for withdrawing any opt out previously given. It is strongly advised that any opt out agreement is in writing.
As with the maximum working week, there are some exceptions to the ability to opt out of the 48 hour week. Most notably for delivery and recovery drivers, (both over and under 3.5 tonnes) where specific rules regarding drivers’ hours and rest breaks apply.
A worker cannot opt out of daily rest breaks, but also cannot be required to take them provided that the employer has given the worker the opportunity to leave their workstation to take their statutory daily rest break of 20 minutes if they wish.
Record keeping
The Working Time Regulations 1998 require an employer to maintain sufficient records for a period of 2 years from the date they were made to establish:
· employees are not working more than the 48-hour weekly maximum, or that a valid written opt out agreement is in place;
· young workers are not working during a restricted period;
There are additional requirements if you employ night workers (i.e. between 11pm and 6am).
Don’t forget, this advice is general in nature and will need to be tailored to any one particular situation. As an RMI member you have access to the RMI Legal advice line, as well as a number of industry experts for your assistance. Should you find yourself in the situation above, contact us at any stage for advice and assistance as appropriate.
Motor Industry Legal Services
Motor Industry Legal Services (MILS Solicitors) provides fully comprehensive legal advice and representation to UK motor retailers for one annual fee. It is the only law firm in the UK which specialises in motor law and motor trade law. MILS currently advises over 1,000 individual businesses within the sector as well as the Retail Motor Industry Federation (RMI) and its members.
