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The Working Time Regulations 1998 and Working Time (Amendment) Regulations 2001 apply to most workers over the school leaving age which includes agency workers and contractors as well as employees. (Information on the employment of children under the age of 16 are on the Department of Health website).

The Government is conducting a consultation until 22 September 2004 which may result in further changes.

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 (workers can agree in writing to waive this right).
• 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 four weeks paid leave per year.

For an employee who works a 5 day week, four weeks paid leave per year will mean 20 days.  Subject to the wording of the Contract of Employment, those 20 days can include the 8 days of statutory holidays, New Years Day, Easter Friday, Easter Monday, May Day, Spring Bank Holiday, Summer Bank Holiday, Christmas Day, Boxing Day.

During the first year of employment, the amount of leave a worker may take at any time is the amount which is deemed to have accrued to him, less any amount already taken.  Leave is deemed to accrue at the rate of one-twelfth of the annual amount due on the first day of each month of that year.  Where the fraction accrued which is less than a half day, it is treated as a half day, and where it is less than a day, it is treated as a day.

As an example, a worker (entitled to 20 days holiday) who starts work on the 18 June, will accrue 1/12 x 20 days = 1.66 days holiday (which is rounded up to 2 days) as soon as he turns up for work.  Unless the Contract of Employment agrees a notice period, he could take the 19th and 20th June as paid holiday.  On the 18 July, he will have accrued 2/12 x 20 days = 3.33 days holiday (rounded up to 3.5 days), less any holiday already taken.

See also Employment Status, Contract of Employment, Working Time Regulations, PAYE, NIC, SSP, SMP, SPP, SAP, Student Loans.

Reminder - disclaimer applies. Please feedback your comments.  This page was last modified 1 July 2004.