WORKING TIME REGULATIONS 1998, 1999 AND BEYOND

The EC Working Time Directive was passed into UK law in October 1998 and is essentially a Health & Safety measure. For the first time, all employed workers in the UK are supported by a legislative framework which limits the numbers of hours they work, entitles them to paid annual leave; and provides guidelines on minimum requirements for rest periods. The Regulations were amended in December 1999 and, no doubt, will continue to be as case law throws up questions, anomalies and further areas for consideration.

The Regulations apply to all employed workers (with the exception of sea and fishing workers, trainee doctors and mobile transport workers) be they permanent members of staff of part of a temporary workforce.

The self-employed, company directors and those working as a limited company contractor can all determine when and how much they work and so are not covered by the Regulations. Employed workers are deemed to be under the control of a person or corporation and are protected by newly defined entitlements and rights.

Entitlements and Obligations

From October 1998 workers became entitled to minimum rest periods from work (these do not have to be paid) plus 3 weeks' paid annual leave (rising to 4 weeks in November 1999). At the same time employers were given mandatory obligations, namely they could not require any worker to work more than 48 hours per week on average (including overtime);