Working Time Regulations Policy - Hampshire

1 Working time Regulations Policy Policy statement Hampshire County Council has a responsibility to protect the health and safety of its workforce and is committed to applying the principles of the Working time Regulations 1998. Scope All employees employed by a Hampshire County Council department ( outside of schools) on the following terms and conditions;. EHCC. Soulbury Teachers This Policy also applies to all workers including agency staff, contractors and suppliers of services. Policy outcomes The aims of this Policy are to: set out the provisions of the Working time Regulations detail the different classification of worker clarify any exceptions Check which Policy Queries relating to the application of flexi time should be to use addressed using the Flexi- time Policy .

2 Queries relating to worker requests for flexible Working should be addressed using the Managing Requests for Flexible Working Policy . Key definitions Worker A worker is any individual who works for an employer, whether under contract of employment, or any other contract where an individual undertakes to do or perform personally any work or service. Workers are entitled to core employment rights and protections. The following groups of people are likely to be workers but are not workers: most agency workers short-term casual workers some freelancers, or external contractors Young worker Is 15 years old or over and above the minimum school leaving age, but less than 18 years old.

3 Night worker Works for more than 3 hours between 11pm to 6am on a regular basis or 60% of their annual Working hours during the night. Mobile worker Is a worker employed to operate transport services for passengers. Working time Is any period during which the worker is Working or receiving training and the worker is at the employer's disposal to carry out activities or duties. Working time does not necessarily mean paid time . 48 hour week The weekly Working time is limited by law and should not exceed 48 hours for each 7 day period. The employer is obliged to ensure that the worker does not work more than an average of 48 hours a week calculated over 52 weeks.

4 Exceptions to this are outdoor centre and workers on annualised hours contracts. What the law says The Working hours of a worker should be reasonable from a health and safety point of view. A worker should be able to take reasonable rest periods and breaks, in accordance with the Working time Regulations 1998, which implement the European Working time Directive into the law. The Working time Regulations 1998 and the Working time (Amendment). Regulations 2003 govern the hours most workers can work and set: Working time Regulations Policy Page 2 of 6. limits on a average Working week statutory entitlement to paid leave for most workers limits on the normal hours of night work and regular health assessments special Regulations for young workers Opt out Where a worker (excluding young workers) wishes to work agreements more than 48 hours over a 17 week period, they may do so after: discussion with their line manager completion of an opt out form Workers must notify their manager if they exceed 48 hours per week either with the Council or with more than one employer.

5 The manager must keep a record of workers who have opted out of the 48 hour week. The opt out agreement can be brought to an end by either the worker or the council by giving at least 9 calendar days notice in writing. Rest breaks/ time Workers (excluding young workers) have the right under the away from work Working time Directive to the following minimum rest breaks/ time away from work: 11 hours uninterrupted rest between each Working day 1 day off each week (or 2 days per fortnight), in addition to paid annual leave in-work rest break (unpaid) of 20 minutes if Working longer than 6 hours weeks paid holiday per year, inclusive of bank holidays (pro-rata for a part time worker).

6 The manager must ensure they provide the worker with the opportunity to take the rest breaks and rest periods, however the manager is not required to make sure the worker takes their daily rest periods. A worker must take at least 20 minutes break when Working 6. hours or more and where operating flexi- time , must record this accordingly. Provisions for Young workers may not work more than 8 hours a day or 40. young workers hours in any week. There is no provision for young workers to opt out. Where a young worker has more than one job, Working days and Working time is cumulative, so 40 hours is the maximum.

7 Working time Regulations Policy Page 3 of 6. Rest breaks for The rest breaks for a young worker under the Working time young workers Directive are as follows: 12 hours uninterrupted rest in every 24 hours 48 hours off each week, which should normally be consecutive days in house rest break of 30 minutes if they work longer than hours weeks paid holiday per year, inclusive of bank holidays (or pro-rata if part time ). Young workers should not work at night between 10pm and 6am;. except where they work in: a residential unit with cultural, artistic, sporting, agriculture and advertising catering/bar services Managers must complete a risk assessment of young workers suitability for night work, taking account of their experience.

8 Mobile workers Mobile workers are excluded from the protection of provisions on length of night work daily rest weekly rest rest breaks They are however entitled to adequate rest. Night Working Night workers should not work more than an average of 8 hours in each 24 hour period, including overtime over the applicable reference period. Where night workers carry out work that is considered to involve hazards, heavy physical or mental strain, they must not exceed 8 actual hours in each 24 hour period. time spent sleeping- in counts as Working time when calculating the average hours worked over a 17 week period.

9 Exclusions There are some circumstances in which certain provisions under the Working time Regulations are excluded, these are as follows: where the workers activities at their place of work and home are distant from one another where the worker is engaged in security or surveillance requiring a permanent presence where the workers activities involve the need for continuity of service or production Working time Regulations Policy Page 4 of 6. Where the worker's activities are affected by: unusual and unforeseen circumstances beyond the employers control exceptional events, the consequences of which could not have been avoided an accident or imminent risk of accident Health All night workers, including young workers, must be offered a free assessments occupational health assessment before starting to work nights and annually whilst they continue to work nights.

10 Workers cannot be forced to complete a health assessment. Record keeping Managers must keep records to demonstrate compliance with limits on maximum Working time . Managers must carry out spot checks to ensure the workers are not exceeding the 48 hour weekly average limit and also keep a record of those who have opted out and have agreed to work longer than the average 48. hours. Related documents To help with the application of this Policy managers must also read and familiarise themselves with the following: Managers' How to Guide Working time Regulation Support Workers: Queries should be directed to your line manager.