Working Time Regulations

1. The Working Week

Central to the working time regulations is the worker's statutory right to a maximum average working week of 48 hours.

1.1 Hours worked are averaged out over a 17-week 'reference period'.

• If the workers agree, the average can be calculated over successive 17-week periods, rather than on a rolling basis.
• For some special cases, the reference period is 26 weeks.
• The reference period may be extended to up to 52 weeks by agreement (eg where work fluctuates over the year).
• The average must be calculated in a way which takes into account periods of leave, sickness and so on. For example, a worker who has been on holiday for half of a 17-week period cannot be forced to work 96 hours a week for the remainder.
• For workers who have been employed for less than 17 weeks, the average is calculated from the time the worker started employment.

1.2 Working hours include any time when the worker is at the employer's disposal and is expected to carry out activities for the employer.

• Work-related training is counted as part of the working week.
• Travel time to and from work is not counted as working hours (but travel as part of the employee's duties is).
• Lunch breaks are not working hours (but a working lunch is).
• Being on standby to be called out, if the employee is at the place of work, is counted as working hours. If the employee is on call and free to pursue leisure activities, it is not. For transport workers 'periods of availability' known in advance do not count as working time.

1.3 Workers (at the moment) can voluntarily agree to disapply the 48-hour limit.

• There must be a suitable written agreement.
• Workers cannot be forced to agree to disapply the limit. Pressuring workers to agree to disapply the limit is a breach of the regulations.
• Workers can be offered overtime which takes them over the limit, but cannot be forced to work the overtime. Workers who regularly work overtime which takes them over the limit must have signed an opt-out agreement.
• Employers may consult on and agree a system of annualised hours whereby the total number of hours worked do not exceed an average of 48 hours per week over a period of one year. This means that employees have to work their annual quota first before becoming entitled to overtime.
• Transport workers are excluded from the opt-out arrangements but may work up to 60 hours in any one week, provided the 48-hour average is not exceeded.