Archive for the ‘Working Time Regs’ Category
By Jenny - Thursday, June 12th, 2008
A recent agreement within the EU Employment Council will allow the UK to continue permitting employees to opt-out of the 48-hour maximum average working week. A provision in our Working Time Regulations means that people have the right to work longer than 48 hours a week should they choose to do so.
In the UK the 48 hour week maximum working week imposed may be disapplied by agreement in writing (often referred to as an ‘opt-out’ between the employer and the employee). Employers should therefore ensure that employees who could be working more than 48 hours a week on a regular basis are asked to sign an ‘opt-out’. Without this employers could be in breach of the Working Time Regulations and therefore open to tribunal claims.
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By Liam - Friday, May 9th, 2008
In Miles v Linkage Community Trust Limited, the EAT have held that employers do not infringe the Working Time Regulations in failing to give employees a daily rest break of 11 hours duration unless and until the employee objects to the failure to give such a break. Once the employee asserts his right to the break and is declined that right, the employer infringes the Working Time Regulations.
In Miles, the Tribunal held, and the EAT agreed, that it is possible for no award to be made even though a finding of breach of the regulations had been made.
This decision does seem to remove the teeth from the WTR, although as long as the Tribunal has a discretion to make an award (which it does) this should prevent flagrant breaches of the regulations.
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By Sarah - Tuesday, September 4th, 2007
A new survey has revealed that the number of people working over 48 hours a week has risen from 30% in 2002 to 36% in 2007.
The importance of the 48 hour week of course comes from the Working Time Regulations (WTR) and directly from Europe. The UK is more unique, as it currently has the 48 hour opt out where employees can agree to work in excess of the 48 hours in writing. There is much dislike from Europe about this provision in our Regulations which is not in the Directive but whilst it may not be here to stay, it is here for the time being.
It is important to remember that staff who could be working in excess of 48 hours on a regular basis should be asked to sign an opt out to prevent Tribunal Claims. Without the opt out employers could be in breach of the WTR.
The survey indicates that UK staff are working as much as one full day more than they did a decade ago when only 26% of their counterparts worked in excess of 28 hours. It is to be remembered of course that the WTR only came into force during that period so it is interesting to note that despite the WTR, we are actually working longer. This of course impacts on our work/life balance.
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By Sarah - Friday, August 3rd, 2007
Statistics released today show that one in five workers do not take a lunch break. I have to confess often myself included. However, employers may be rubbing their hands with glee at the thought of getting more out of staff but they need to think of the bigger picture.
In fact, they could be failing in their obligations under the Working Time Regulations which state that where a worker’s daily working time is more than six hours, they are entitled to a rest break of not less than 20 minutes. Also in the long term this can affect their health and ability to do the job.
Interestingly, the same survey team in a different survey found that nearly one quarter of those employees surveyed enjoy an alcoholic drink during their lunchbreak. It would seem there for that since 20% do not take lunch breaks, that actually, it is 25% of the remaining 80% that enjoy a tipple or too. Normally this is more often the case in the summer as employees enjoy sitting outside down the pub in their lunchbreak.
There is a fine line however to be drawn and the employee must be careful that he/she is not contravening health and safety by working in the afternoon under the influence of alcohol. This is particularly the case when they are due to get behind the wheel or operate machinery.
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By Philip - Wednesday, November 1st, 2006
The Government has recently been up before the European Court of Justice in a case brought by Unison. The point at issue was whether the DTI Guidelines which stated Employers must make sure that workers can take their rest periods , but are not required to make sure that they do take their rest.. was in contravention of the Working Time Directive. The ECJ, you will be surprised to hear, ruled it was.
The Advocate General’s Opinion, no doubt arrived at after a siesta serious consideration of the legal principles, was that Employers need to actively schedule rest breaks, rather than only giving breaks to those who request them.The DTI’s website now reads Employers must make sure that workers can take their rest periods.
So put your feet up right now!
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