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Registration Number: {{org_field_registration_no}}

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Working Time Regulations Policy

1. Purpose

The purpose of this policy is to ensure that {{org_field_name}} complies with the UK’s Working Time Regulations 1998 (as amended) and provides clear guidelines on working hours, rest breaks, and holiday entitlements. This policy safeguards the health, safety, and well-being of all employees and workers while maintaining operational efficiency. It aims to prevent excessive working hours that could lead to fatigue, stress, and workplace accidents, while also promoting a balanced approach to work-life harmony.

2. Scope

This policy applies to all employees, workers, and temporary staff engaged by {{org_field_name}}, including those on zero-hours contracts and agency workers. It covers working hours, breaks, night work, holiday entitlements, and opt-out agreements. This policy ensures that all staff, regardless of their contractual status, receive fair and equal treatment in accordance with UK employment law.

3. Related Policies

• Zero-Hours Contracts Policy
• Holiday Entitlement Policy
• Health and Safety Policy
• Payroll and Remuneration Policy
• Employee Well-being Policy
• Grievance and Disciplinary Policy

4. Legal Framework

The UK’s Working Time Regulations 1998, which incorporate the European Working Time Directive, set legal limits on working hours and provide minimum requirements for rest breaks and paid leave. The main provisions include:

• A maximum average working week of 48 hours (unless an opt-out agreement is signed).
• Daily and weekly rest breaks.
• Special protections for night workers.
• Paid annual leave entitlements.
• Provisions for young workers (under 18 years old).
• Flexible working requests are governed by separate legislation and company policy. Employees have a statutory day-one right to request flexible working and may make up to two requests in any 12-month period; managers must handle requests in line with the Company’s Flexible Working Policy and the statutory procedure.

5. Definitions

Working time includes time when a worker is working, at the employer’s disposal, and carrying out their activity or duties, and includes certain work-related training.

Rest period means a period that is not working time (other than a rest break or leave).

Night time is 11pm to 6am unless a relevant agreement sets a different period (within the statutory rules).

Night worker is a worker who usually works at least 3 hours of their daily working time during night time, or who is likely to work a specified proportion of their annual working time during night time under a relevant agreement.

6. Maximum Working Hours

• Workers must not work more than an average of 48 hours per week over a 17-week period unless they voluntarily sign an opt-out agreement.
• Opting out is entirely voluntary, and workers cannot be forced or pressured into signing an agreement.
• Workers can withdraw their opt-out agreement with written notice, following the notice period specified in their contract.
• Any breaches of maximum working hours should be reported immediately to the HR department.
• Managers must ensure that work schedules do not exceed the legal limits and take appropriate action to avoid excessive overtime.
• In exceptional circumstances, employees may be required to work additional hours, but this must be within lawful limits and adequately compensated.

7. Rest Breaks

All workers are entitled to the following rest breaks:

• A minimum of 20 minutes uninterrupted break for shifts longer than 6 hours. This should not be scheduled at the start or end of a shift.
• 11 consecutive hours of rest between working days.
• One full day (24 hours) off every week or two consecutive days off in a 14-day period.
• Young workers (under 18) must have at least 30-minute breaks after 4.5 hours of work and 12 hours of daily rest.
• Employees working long shifts must have appropriate meal and refreshment breaks, as determined by job role and workplace conditions.

8. Night Work

Workers classified as night workers (regularly working between 11 pm and 6 am) are subject to special regulations:

• Night workers must not work more than an average of 8 hours in any 24-hour period.

Where night work involves special hazards or heavy physical or mental strain, the limit is 8 hours in any 24-hour period and must not be averaged. This limit cannot be opted out of. Managers must risk-assess roles/assignments to determine whether this stricter cap applies and must schedule shifts accordingly.

• Regular health assessments must be offered to night workers.
• Employers must take extra care to manage health risks associated with night shifts.
• Shift patterns must be managed carefully to avoid health problems and fatigue.
• Employees who are pregnant, disabled, or have medical conditions should have their suitability for night work assessed with appropriate accommodations.

9. Holiday Entitlement

• Workers are entitled to 5.6 weeks of statutory paid holiday per holiday year (pro-rata for part-time workers). Bank and public holidays may be included within this entitlement depending on the individual contract/assignment terms, but there is no automatic statutory right to take bank holidays off.
• Holiday entitlements accrue from the first day of employment.
• Holidays must be requested in accordance with company procedures, with sufficient notice.
• Workers cannot be forced to take unpaid leave instead of statutory holiday entitlement.
• Holiday pay must be calculated in line with the Working Time Regulations and current statutory rules. For the first 4 weeks’ statutory leave (Regulation 13 leave), holiday pay must reflect “normal remuneration”, which includes (where applicable) payments intrinsically linked to the work performed, such as regular overtime, commission, and regular allowances. The additional 1.6 weeks’ statutory leave (Regulation 13A leave) may be paid at basic pay unless the contract provides otherwise.
• Employers must ensure that workers take their allocated leave to prevent burnout and encourage work-life balance.

Irregular hours and part-year workers (leave years beginning on or after 1 April 2024): For workers who meet the statutory definitions of an “irregular hours worker” or a “part-year worker”, statutory holiday entitlement accrues based on hours worked using the statutory accrual method. As a general rule, statutory holiday accrues at 12.07% of actual hours worked in the relevant pay period. The Company will apply the statutory method and will communicate the accrual approach and holiday year dates to workers and clients at the start of each assignment/engagement.

Rolled-up holiday pay (irregular hours/part-year workers only): Where permitted by law and agreed in writing, the Company may use rolled-up holiday pay for irregular hours and part-year workers by paying an additional holiday pay element with each payslip. Rolled-up holiday pay will be calculated in accordance with statutory rules and will be shown separately on payslips. Workers must still be encouraged and enabled to take leave for rest and wellbeing; rolled-up holiday pay does not remove the right to take statutory leave.

Carry-over of statutory leave: Statutory leave may be carried over in limited circumstances permitted by law, including where a worker is unable to take leave due to sickness absence, statutory family-related leave, or where the worker is prevented from taking leave because the Company and/or the hirer has not recognised or enabled the right to take paid leave. Managers must escalate any situation where a worker cannot take leave so that carry-over rules are applied correctly and the worker is given a genuine opportunity to take accrued leave.

10. Working Time Records

• {{org_field_name}} will keep records that are adequate to demonstrate compliance with the Working Time Regulations, including (as applicable) records evidencing compliance with the 48-hour average weekly limit (where not opted out), night work limits, and worker opt-out notices/withdrawals.
• Workers must accurately report their working hours, including overtime, in accordance with company procedures.
• Any discrepancies in working hours must be reported immediately to management.
• Record-keeping systems will be maintained to capture the information needed to demonstrate compliance and to support safe rostering (for example, assignment timesheets/clocking data, opt-out forms, and records supporting holiday accrual and holiday taken).

11. Opting Out of the 48-Hour Limit

• Employees may voluntarily sign an opt-out agreement if they wish to work more than the 48-hour weekly limit.
• Opt-out agreements must be in writing and signed by the worker.
• Workers retain the right to withdraw from the opt-out agreement with written notice.
• Opt-out agreements must not be a condition of employment or used to pressure workers into excessive working hours.
• The employer should monitor the health and well-being of employees working extended hours and provide support as necessary.

12. Health and Safety Considerations

• {{org_field_name}} is committed to ensuring that working hours do not compromise health, safety, or well-being.
• Workers who feel fatigued or under excessive pressure due to working hours should report concerns to their manager.
• Risk assessments will be conducted where excessive working hours may impact safety.
• Reasonable adjustments will be made to support workers, particularly those with health conditions or additional needs.
• Employers must take all reasonable steps to prevent excessive workloads that may lead to stress-related illnesses.

13. Young Workers Protections

• Workers under 18 must not work more than 8 hours per day or 40 hours per week.
• No night work is allowed between 10 pm and 6 am (or 11 pm and 7 am in certain sectors).
• Extra rest breaks and protections apply to young workers to ensure their well-being.
• Employers must ensure that young workers are not exposed to excessive physical or mental stress due to workload demands.

14. Enforcement and Compliance

• Breaches of working time regulations should be reported to HR or management.
• Disciplinary action may be taken against any manager or supervisor who knowingly breaches the regulations.
• Workers will not suffer detriment for asserting their rights under working time laws.
• Compliance with the Working Time Regulations will be monitored through internal audits and employee feedback.

15. Reporting Concerns

Workers who have concerns about working hours, rest breaks, or holiday entitlements should speak to their manager or HR. Complaints will be handled confidentially, and no worker will be penalised for raising a legitimate concern. External advice can also be sought from Acas or Citizens Advice.

16. Policy Review

This policy will be reviewed annually or in response to any changes in UK employment law or business needs. Any updates will be communicated to all staff members accordingly.l staff members accordingly.

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Responsible Person: {{org_field_registered_manager_first_name}} {{org_field_registered_manager_last_name}}
Reviewed on: {{last_update_date}}
Next Review Date: {{next_review_date}}
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