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EMPLOYMENT – TIME AND PAY
WORK REGULATIONS
*Original from the Working Time
Directive - Working Time Regulations
1998
*Part of the Health and Safety
Legislation
*UK v EC Council C-84/97 – UK does
have implement directive
...

*Working time: working at employer’s
disposal and carrying out duties; can
include time on call
...
What about being on-call –
SIMAP v Conselleria de Sanidad y
Consumo de la Generalidad
Valanciana
...

*Working hours – limit 48hr week,
unless companies ‘opt out’
...
Averaged out over a
reference period of 17 wks
...
Opt-out available
(must be in writing)
...

*Daily and weekly rest breaks: Adult
workers: 11 uninterrupted hours in any
24 hour period -Reg 10(1); 24 hours rest
in any 7 day period -Reg 11(1); 20
minute break where 6 hours or more is
worked -Reg 12 (1)-(3)
...
5
hours worked
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*Night workers – max 8hrs per night
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midnight to 5am (e
...
11pm6am); limited to 8 hours work in any 24
hours
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*Paid annual leave – 28 includes bank
holidays
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More leave can be agreed than
the statutory minimum (Work and
Families Act 2006 s
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Also available
to those on maternity / sick leave
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Payment in lieu of holidays not
taken during employment is not
permissible (Reg 13(9))
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Payment in lieu on
termination of employment
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85 per week, max 28wks
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Solution: Allow the worker ‘extra’
holiday to account for shortfall in their bank
holiday entitlement
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Unauthorised deductions from wages
*Applies to all workers
*Section 2 ERA 1996
*Lawful deductions: ct order for compensation;
attachment of earnings order; certain strike situations;
authorised by legislation; authorised by contract; over
payment of wages
*Apply to ET – 3 month time limit

Enforcement: if limits are breached, it will go
to health and safety officer and they will gives
enforcement notices; rights claim can go to ET
where they can get declaration and
compensation
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08; 18-20 £4
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60; 16-18 £3
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*Covers
employees,
agency
workers,
agricultural workers, some apprentices, overseas
workers
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*Pay = total gross pay + any payments and
benefits
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Do not
included: some OT/shift/expenses;
loans/advance of wages; allowances;
tips/gratuities
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Hours -On call/ training/
travelling on business
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*Record keeping - employers obliged to keep
records otherwise criminal offence; presumed
worker not paid NMW unless employer can
prove otherwise; 3 yrs or longer and worker can
inspect
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Itemised pay statements
*Section 8 ERA 1996: gross pay; all fixed deductions;
all variable deductions; net pay

 



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