Working Time Directive
The Working Time Regulations came into force in October 1998.
Guidance on the working time regulations can be found on Directgov for workers or employees and businesslink.gov.uk for employers or businesses.
To reduce your admin burden as an employer you shouldn’t duplicate records for working time. Your payroll may already include all the information the law requires. You could also use the flow chart on businesslink.gov.uk instead of paying advisers to draft opt-out letters.
An update on the current position on the opt-out in the UK can be found on the BERR site. (add link to page)
Enforcement of the working time regulations
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.
Annual leave and sick leave
The House of Lords referred a case (Stringer and others v HMRC) to the European Court of Justice (ECJ) for clarification about workers on long term sick leave and their entitlement to annual leave under the Working Time Directive (EC Directive 2003/88).
The European Court of Justice joined this case with a German case (Schultz-Hoff) and delivered its judgment on 20 January 2009. The key points of the judgement are that:
•under the Directive, workers are entitled to four weeks annual leave
•a worker on sick leave for all or part of the annual leave year is entitled to any untaken annual leave when they return to work (which might be in the next leave year)
•alternatively if a worker' employment is terminated before they have had the opportunity to take their annual leave
Guidance on the working time regulations can be found on Directgov for workers or employees and businesslink.gov.uk for employers or businesses.
To reduce your admin burden as an employer you shouldn’t duplicate records for working time. Your payroll may already include all the information the law requires. You could also use the flow chart on businesslink.gov.uk instead of paying advisers to draft opt-out letters.
An update on the current position on the opt-out in the UK can be found on the BERR site. (add link to page)
Enforcement of the working time regulations
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.
Annual leave and sick leave
The House of Lords referred a case (Stringer and others v HMRC) to the European Court of Justice (ECJ) for clarification about workers on long term sick leave and their entitlement to annual leave under the Working Time Directive (EC Directive 2003/88).
The European Court of Justice joined this case with a German case (Schultz-Hoff) and delivered its judgment on 20 January 2009. The key points of the judgement are that:
•under the Directive, workers are entitled to four weeks annual leave
•a worker on sick leave for all or part of the annual leave year is entitled to any untaken annual leave when they return to work (which might be in the next leave year)
•alternatively if a worker' employment is terminated before they have had the opportunity to take their annual leave