The Working Time Regulations 1998 for employers

Introduced in 1998 The Working Time Regulations 1998 (WTR) in line with the European Working Time Directive, continue to remain effective in the modern day. Despite no longer being a part of the EU, there have been some amendments to the WTR, ensuring these laws continue to be followed by all businesses in the UK.

These laws set in stone the rules employers must following regarding working hours, breaks at work and paid holidays for all staff.

In this article we explain everything you need to know about the WTR and how to ensure compliance with these crucial employment laws. In addition, we will touch on the use of HR software and how this can support you in staying legally compliant with UK employment laws.

What does the law say?

The WTR Applies to all employees and workers. Workers are individuals who work under a contract to personally perform work or services. Includes temporary workers, agency workers, freelance workers. But does not apply to those who are self-employed.

The WTR cover the following topics, providing exact rules on:

• Weekly working hours

• Daily working hours

• Rests and breaks during and between working hours

• Paid holiday time

• Working hours rules for young workers

The laws were introduced in a bid to protect workers, to create fair working places and practices.

Maximum weekly hours

In general, without considering any exemptions, workers can not be required to work more than 48 hours per week on average. This is typically calculated over a 17-week period.

The worker can choose to ‘opt out’ of the maximum working hours but can not be required to do this by their employer. There are specific restrictions on whether a worker can choose to opt out or not. The government have a dedicated page regarding ‘opting out’.

Required rest breaks from working

Rest breaks are considered uninterrupted time away from working (whatever that may be). The WTR require a minimum of a 20-minute rest break in a working day of more than 6 hours.

Workers should also have a break of at least 11 hours between working days. For breaks during a working week, this either needs to be a 24-hour uninterrupted break or at least a 48 hour break each fortnight.

Paid holiday time allowances

Also included in the Working Time Regulations 1998 is paid holiday allowances. The current allowance for workers in the UK is 28 days of paid holiday per year, including bank holidays. More details on this, specifically for different working patterns can be found in our guide on holiday allowances.

Working hours for children and young people

When hiring young workers or children, but more specially teens, they can only begin to start working a full-time job once they have reached school leaving age. At this point they will then be permitted to work a 40-hour work week.

Children in the UK can begin to work a part-time job from the age of 14. However, their working hours will differ depending on whether they are working during school term time or during school holidays. When hiring a child between 14-17 it is important to check with your local council regarding the relevant rules.

How to keep track of hours

One way you can keep track of workers' hours and to ensure you're business remains legally compliant is to consider a time tracking software for your staff. Meet Blip, BrightHR's time-tracking app that makes it easy to:

• Get real-time updates on your staff

• Use geolocation tracking to manage staff from any location

• Stay compliant with the Working Time Regulations by keeping official timesheet records

Your legal obligations as an employer

The WTR requires employers to manage and accurately calculate a worker’s weekly working time, ensuring that this does not exceed the maximum of 48 hours per week. Provide appropriate breaks for during a worker’s shifts and between shifts, offer the correct amount of paid holiday entitlement according to the current allowance.

Details of which must be included in their employment contracts and kept up to date according to current legislation. For storing your HR documentation in a safe, secure and easy to access location, discover BrightHR’s unlimited document storage.

Exemptions for types of workers

In industries where longer hours may be required, there are exemptions. For example:

• Doctors

• Armed forces

• Police force

• Security and surveillance staff

• Workers in transport (sea, air and rail)

Are subject to specific exemptions based on the requirements of their job description and the industry they work within.

What is considered ‘working’

The term ‘working’ under the Working Time Regulations 1998 includes different ways in which a worker may spend their time at work. This means that working includes:

• Training

• Working abroad

• Working lunches

• Overtime required by employers

• Any other working time that is mentioned specifically in their employment contract

This is especially important for you to be aware of if you may, for example, require your employee to complete extra training as part of their working week. Or they have been invited to a working lunch with clients. These moments need to be calculated within their maximum working hours.

Consequences for employers failing to adhere to WTR

For employers who fail to comply with the Working Time Regulations 1998, there are potentially serious consequences.

Aside from the potential reputational damage of the business, the Health and Safety Executive (HSE) and local authorities will investigate complaints against businesses. With some cases going to employment tribunal, resulting in payments of compensation or HSE fines.

Stay compliant with BrightHR

Having the support of HR experts and legal professionals on your side can make the difference between staying on the right side of the law and getting it wrong. For small businesses without the expert knowledge of employment, even the legal jargon can be confusing. This is where BrightHR can support you.

With our team of expert employment law professionals and HR advisors, our BrightAdvice line is available 24/7 to ensure that you’ve got everything covered. From ensuring that your employment contracts are up to date, to checking that worker grievances are being death with correctly.

What’s more with our HR software, features including our shifts & rotas planner will calculate working hours for you, creating work schedules that are compliant with the Working Time Regulations 1998.

Book your free demo today to discover how HR software and an expert advice line can support you in staying compliant with UK employment laws.