H&S week

1. H&S week

2. Working Time Regulations 1998 (U.K.)

3. Purpose of Working Time Regulations • Why do we need this regulation? • To prevent employers from taking advantage of employees by forcing them to work above and beyond that which they would consider reasonable or those stated in their contracts of employment.

4. Parameters and Overview of Working Time Regulations • Usually adult workers cannot be forced to work more than 48 hours a week on average - this is normally averaged over 17 weeks. You can work more than 48 hours in one week, as long as the average over 17 weeks is less than 48 hours per week. • However, there are many exceptions to this rule.

5. Limitations and Exclusions Your working week is not covered by the working time limits if you have a job: • Where your working time is not measured or can be determined by you (e.g.. managing executives with control over their own decisions) • In the armed forces, emergency services and police - in some circumstances • As a domestic servant in private a household • Certain categories of seafarers, sea-fishermen and workers on vessels on inland waterways • This only applies to employees over the age of 18.

6. What counts as work? As well as carrying out your normal duties, your working week includes: • Job-related training • Job-related travelling time, for example, if you are a sales rep • Working lunches, for example business lunches • Time spent actually working abroad in some cases • Paid and some unpaid overtime • Time spent on-call at the workplace

7. What does not count as work? Your working week does not include: • Breaks when no work is done, such as lunch breaks • Normal travel to and from work • Time when you are on call away from the workplace • Evening and day-release classes not related to work • Travelling outside of normal working hours • Unpaid overtime that you have volunteered for, so for example, staying late to finish something off • Paid or unpaid holiday

8. Do employees have a choice? • If you are 18 or over and wish to work more than 48 hours a week, you can choose to opt out of the 48 hour limit. This must be voluntary and in writing. It can't be an agreement with the whole workforce.  • You shouldn't be sacked or unfairly treated (for example refused promotion) for refusing to sign an opt-out. • You can cancel your opt-out agreement whenever you want - even if it is part of your employment contract. However, you must give your employer at least seven days notice. This could be longer (up to three months) if you previously agreed this in writing with your employer. • Your employer is not allowed to force you to cancel your opt-out agreement.

9. Where can I find details of the Working Time Regulations? • http://www.direct.gov.uk/en/Employment/Employees/WorkingHoursAndTimeOff • Help and advise is available at: 0800 917 2368 • (Much of the information on this PowerPoint was sourced from the above website)

10. Control, Monitoring and Policing • No formal policing of these regulations is carried out in most companies. • However, in situations where you were dismissed or formally disciplined, or were forced to leave your employment because of the working hours, an Industrial Tribunal would be likely to rule in favour of the employee and impose a fine on the employer.

11. Employers responsibilities • With the exception of the professions previously listed, employers cannot force staff to work more than 48 hours per week unless they voluntarily agree. This is averaged out over 17 weeks and the average will be affected by holidays taken. • An average hourly wage must not be less than the minimum national wage. • Employers cannot force employees to sign and opt out of the agreement in writing.

12. Employees responsibilities • Know their rights regarding the Working Time Regulations. • To ensure that they are being treated fairly at all times.

13. Signs • None available for this legislation

14. Are these measures robust? • This legislation goes some way towards supporting the rights of employees not to work excessive hours. However, the option for employees to opt out leaves the regulations open for abuse. • For example: If an employee was offered a job and asked to opt out of this legislation as a matter of course in order to get the job, technically this is illegal, but a robust method of reporting an abuse does not appear to be available.

15. What improvements could be made? • There is no final upper limit in place, such as 60 hours absolute maximum, to ensure that employers look after the best interests and health of their employees. • Severe penalties should be imposed on employers who flout regulations. • All employees should have the option not to work more than 48 hours per week, included the ones listed as exceptions.

16. Conclusion • This regulation is a good starting point towards the protection of employees from excessive working hours. • However, it should be a regulation which is updated every 2 years or so, with each update creating better inclusivity for all employees.