WORKING TIME REGULATIONS 1998 - EMPLOYMENT SOLICITORS
If your rights have been violated in the workplace under the Working Time Regulations 1998, it is imperative that you choose a solicitor who specialises in this complex area of employment law. Our panel of experienced employment law solicitors have extensive knowledge and experience with working time disputes. For free advice from an expert lawyer, with no further obligation, just call our helpline or email our offices. All consultations are free of charge and you are under no obligation to proceed with your claim.
SOLICITORS HELPLINE 0844 332 0018
All employees are protected from the very first day of their employment under The Working Time Regulations 1998. The Working Time Regulations 1998 cover all areas of employment involving time, such as breaks, leave and the amount of hours worked in a week. All employees are covered, including part-time and full-time workers, contract and/or agency workers and casual employees. No specific length of service is required in order to file a claim under the Working Time Regulations.
Under these Regulations, no employee may be forced to work more than 48 hours per week, as averaged over a period of 17 weeks; this is called the “reference period.” For some types of workers, the 17 week period can be extended to up to 26 weeks, and even 52 weeks if a previous agreement is in place. That span of 48 hours can include any time used in training, job-based travel, work lunches and any time an employee spends “on call.” As briefly mentioned, an individual can agree in a written document to “opt out” of this 48-hours-a-week guideline. However, the employee can void the agreement with the employer by giving them “timely notice,” which is dependent on the specifics of the agreement. Ending the agreement does not require employer consent.
Other requirements of the Working Time Regulations 1998 include :-
- one day off each week
- 20-minute rest break if the employee works six consecutive hours
- uninterrupted 11-hour rest break in every 24-hour period
- annual paid leave of four weeks
Regulations covering employees who work primarily at night are significantly different than those that cover typical day workers. Night workers are provided with additional rights and are only allowed to work eight hours in a period of 24 hours. They also have the right to regular, free health assessments.
SOLICITORS HELPLINE 0844 332 0018
Under The Working Time Regulations 1998, it is illegal for an employee to be dismissed due to his or her refusal to work over 48 hours in a week. It is also illegal for an employer to terminate an employee for using their allotted breaks or leave. These two situations are examples of unfair dismissal and may be the basis for a claim in front of the Employment Tribunal. Unfair dismissal charges may also be warranted if an individual is terminated on the basis of redundancy because of a refusal to waive their Working Time Regulations. Employees not dismissed but treated in an unfavourable manner because they would not work over the 48 allotted hours can also make a claim.
SOLICITORS HELPLINE 0844 332 0018
Specialist solicitors will help you navigate the complicated waters of employment law. If you do not win your case, you pay nothing. Do yourself justice - give us a call.
SOLICITORS HELPLINE 0844 332 0018