By
Sarah Catherwood, associate in the employment team at North East law firm, Ward Hadaway
On Friday 1st August 2003, the EU Working Time Directive was extended so that certain provisions applied to workers in transport; offshore oil and gas production. Sea fishingermen and junior doctors will have some protection under the Directive by 2004. The Government estimates that this will cost the economy 264 million per annum. Bad news for companies but perhaps better news for employees in these sectors.
The Working Time Regulations were introduced in 1998 and initially the Regulations applied only to certain industries. Workers in the transport sector, sea fishing and offshore industries were excluded.
The Regulations provide that workers in industries which are obliged to comply with the Regulations are entitled to:
An average 48-hour working week
Four weeksí paid annual holiday
1 dayís rest in 7 (or 2 in a fortnight)
11 hoursí rest between working days
A 20-minute rest break if the working day exceeds 6 hours
Health assessments for night workers
An 8-hour limit on night working
Adolescent workers benefit from additional entitlements to 2 daysí rest per week, 12 hoursí rest between working days and a 30-minute rest break if the working day exceeds 4 hours.
Under the newly introduced 2003 Regulations workers in the road, sea, inland waterways, and sea fishing sectors will have greatly enhanced rights.
The 2003 Regulations provide all non-mobile workers in the road, sea and sea fishing sectors with the right to have an average 48-hour working week, 4 weeksí paid annual leave, 11 hoursí rest between working days, 1 dayís rest per week, a statutory in-work rest break, impose limits on night work and require employers to offer free health assessments to night workers and provide special protections for young workers.
The above provisions will also apply to all workers in the rail and offshore sectors and to all workers in aviation not covered by the sector specific Aviation Directive which comes into force on 1 December 2003.
In road transport, mobile workers who will be covered by the recently adopted Road Transport Directive, will be entitled to 4 weeks'' paid annual leave, and health assessments if a night worker (as neither of these working time provisions form part of that Directive). The Road Transport Directive must be implemented by March 2005. Mobile workers not covered by the Road Transport Directive will be entitled to an average 48-hour working week, 4 weeks'' paid annual leave, health assessments if a night worker and provision for adequate rest.
What can you do if your rights are infringed?
A worker who believes his or her rights have been infringed can, of course, complain to an Employment Tribunal but what is less well known is that an employer who breaks the rules on maximum weekly working can also be prosecuted in the criminal courts, convicted and fined.
An employer who fails to adhere to the limits set by the Regulations, such as limits on night working, could be reported by the worker, to the Health and Safety Executive or the Local Authority. If they have failed to comply with the Regulations the employer will be guilty of a criminal offence and may be liable to a fine, which would be a maximum of 5,000 at magistrates court and unlimited at Crown Court.
If an employer fails to give a worker an entitlement, such as the entitlement to paid annual leave, the worker may bring a complaint to an employment tribunal. The worker may also bring a claim if he has been dismissed or subject to a detriment for insisting on his rights under the Regulations. If the worker is successful he or she will be entitled to compensation, which is unlimited, but will have regard to the loss actually suffered by the employee.
If you are would like to find out more about the Working Time Regulations or are concerned about how it might affect your business please contact Sarah Catherwood at Ward Hadaway on (0191) 204 4000 or email sarah.catherwood@wardhadaway.com
One of the largest law firms in Newcastle, Ward Hadaway is a major player in the North East and one of the UKís Top 100 law firms. Established 15 years ago, the firm now employs more than 300 staff, including many nationally recognised legal experts. Ward Hadaway is acknowledged for itís personable approach and providing practical, business focussed advice. The firmís expertise spans a wide range of sectors including Employment, Company Commercial, Corporate Finance, Commercial Property, Planning, Dispute Resolution, Technology, Intellectual Property, Healthcare, Construction, Licensing, Debt Recovery and services for the private client.
Time is on your side ñ Working Time Regulations and the facts
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