The Working Time Regulations 1998 limited the number of hours which a worker can be
required to work and they also gave a worker rights in relation to night working, rest
periods and paid annual holiday. The regulations are in fact a mixture of health and
safety duties- which are enforceable in the criminal courts and employment rights- which
are enforceable in employment tribunals.
The definition of "worker" in the regulations includes someone who provides personal
work for another party to the contract. Thus the class of people who can rely on the
regulations is wider than the traditional employee and all agency workers are specifically
included as being protected by the regulations.
Workers cannot be forced to work on average for more than 48 hours per week, although a
worker and an employer can agree to exclude this limit on the maximum weekly working time.
In fact, it is common to see an opt out clause in employment contracts but even then, a
worker can opt back in by giving his employer notice of his intention to do so. The worker
has to give 7 days notice to his employer although again it is common to see in employment
contracts that the worker has to give 3 months notice to opt back in; 3 months is the
maximum notice period an employer can require.
The regulations give every worker the right to enjoy 4 weeks paid annual holiday. In
calculating this entitlement to 4 weeks annual paid holiday, bank holidays are included
– in other words the 4 weeks entitlement is not additional to bank holidays so that
if a worker is entitled to 8 bank holidays he is entitled under the regulations to take 12
days plus the 8 bank holidays. Part-time as well as full-time workers are covered by the
regulations and a week's holiday leave should be the same amount of time as makes up the
working week- if a worker works 5 days a week he is entitled to take 20 days annual
holiday; if he works 4 days a week his entitled to take 16 days annual holiday. Unless the
employment contract specifies otherwise, the holiday year for a worker who started after
1st October 1998 is the 12 month period beginning on his start date and each anniversary
of the start date.
It is possible to avoid the provisions in the regulations as to the taking of holidays
by setting out specific holiday provisions within the employment contract which can of
course reflect the particular needs of the employer's business.
Under the The Working Time Regulations 1998, a worker must give his employer notice of his intention to take
a holiday, equivalent to twice the period of holiday which he proposes to take. If the
employee objects to the holiday which the worker proposes to take, he must give a counter
notice equivalent to the holiday period. Thus if a worker wanted to take 4 days holiday,
he must give the employer 8 days notice and the employer must object within 4 days of
receiving that notice.
Employers should note that if they dismiss an employee because the employee claims that
his employer has infringed his rights under the regulations, then this will be regarded as
being automatically unfair (regulation 32 of the Working Time Regulations 1998). This
means that the employee can bring an unfair dismissal claim even though he has not been
employed for a continuous period of 12 months which is the normal period an employee has
to have worked before he can being an unfair dismissal claim.
We are a firm of employment solicitors who deal nationally in all matters relating to employment law. We are able to pursue or negotiate a claim on your behalf and can provide you with representation anywhere in the country. If you want an assessment of the merits of your case, please contact us without obligation on 020 7408 1338.
