Rest Breaks at Work and the Law

[Geezer]

Please note that the Way Forward agreement will differ in places. If anyone wants a copy of the RM meal relief rules let me know.




CWU.org
16 September 2009

LTB 794/09 - Rest Breaks at Work and the Law
No. 794/09
Ref P12
Date: 16 September 2009
To: All Branches

Dear Colleagues

Rest Breaks at Work and the Law

The Working Time Regulations 1998 state the following provision for rest breaks at work and time off:
A worker is entitled to an uninterrupted break of 20 minutes when daily working time is more than six hours. It should be a break in working time and should not be taken either at the start, or at the end, of a working day.

Daily Rest

Under the Working Time Regulations 1998, regulation 10, a worker is entitled to a rest period of 11 consecutive hours rest in each 24 hour period during which he works for his employer.

However, there are a number of special circumstances in which the entitlement to rest periods does not apply, for example, where the activities involve a need for continuity of service or production or where there is a foreseeable surge of activity. Also, if a shift worker changes shift, it may not be possible for them to take their full rest entitlement before starting the new pattern of work. In such a case the entitlement to daily and weekly rest does not apply.

Weekly Rest

An adult worker is also entitled to one day off a week; this can be averaged over 2 weeks.

Young or Adolescent Workers

If a young worker is required to work more than four and a half-hours at a time, then they are entitled to a break of 30 minutes. A young worker is also entitled to twelve uninterrupted hours in each 24-hour period in which they work. Both these entitlements can only be altered or excluded in exceptional circumstances. Young workers are also entitled to 2 days off each week and this cannot be averaged over 2 weeks.

There is a free guidance produced by the DTI (Department of Trade and Industry), which can provide more information.

Reference
DTI: A Guide to Working Time Regulations, URN 03/1068 (See attached)


Yours Sincerely

Dave Joyce
National Health, Safety & Environment Officer

Attachment/Appendix:

DTI Guide to the 'Working Time Regulations'
The Working Time Regulations came into force in October 1998.
The Regulations were amended, with effect from 1 August 2003, to extend working time measures in full to all non mobile workers in road, sea, inland waterways and lake transport, to all workers in the railway and offshore sectors, and to all workers in aviation who are not covered by the sectoral Aviation Directive. The Regulations applied to junior doctors from 1 August 2004.
Mobile workers in road transport have more limited protections. Those subject to European Drivers' hours rules 3820/85 are entitled to 4 weeks paid annual leave and health assessments if a night worker from 1 August 2003. Mobile workers not covered by European drivers' hours rules will be entitled to an average 48 hours per week, 4.8 weeks paid holiday, health assessments if a night worker and adequate rest.
The Regulations were previously amended, with effect from 6 April 2003, to provide enhanced rights for adolescent workers. Because of these amendments to the Regulations, sections of the guidance have been revised. These are: Section 2: Working time limits and Section 3: Working at night - see Your guide to the Working Time Regulations.
The basic rights and protections that the Regulations provide are:
· a limit of an average of 48 hours a week which a worker can be required to work (though workers can choose to work more if they want to).
· a limit of an average of 8 hours work in 24 which nightworkers can be required to work.
· a right for night workers to receive free health assessments.
· a right to 11 hours rest a day.
· a right to a day off each week.
· a right to an in-work rest break if the working day is longer than 6 hours.
· a right to 4 weeks paid leave per year.
Current position on the opt-out in the UK
As the opt out is going through a negotiating process in Europe, the UK law remains unchanged on this point and workers are still able to opt-out of the weekly working time limits. The UK will be given time to implement any changes to legislation and any future developments on this and other Working Time topics will be posted on this website in due course.
Member States discussed a revised proposal from the European Commission at the Employment Council on 2 June. However there was no agreement on the proposals at this point.
Enforcement
Enforcement is split between different authorities. The limits and health assessments (if a night worker), are enforced by the Health and Safety Executive, local authority environmental health departments, the Civil Aviation Authority (CAA),the Vehicle and Operator Services Agency (VOSA) and Office of Rail Regulation (ORR).The entitlements to rest and leave are enforced through employment tribunals. The Employment Tribunals Service can also help you with information about making a claim or about Tribunal procedures.
However, if you require further information about the application of the Regulations you should contact Acas.


More info +
To unsubscribe from this newsletter, click here.