CIPD HR-inform | CIPD HR-inform



Working time policyPurposeThe Working Time Regulations 1998 provide the structure for ensuring that workers receive sufficient rest periods away from work. It applies equally to all workers, regardless of their full time, part time, fixed term, zero hour status from the first day of engagement, and also covers agency and casual workers.The Company takes its obligations under the Regulations seriously so arranges its operations to ensure that employees are able to take regular breaks and do not work excessive hours. This policy sets out the Company’s stance on hours of work. Entitlements can differ for young workers and this policy highlights those differences where necessary.Daily restAdult employees are entitled to at least 11 consecutive hours’ rest in every 24-hour period. Employees under the age of 18 years are entitled to at least 12 consecutive hours’ rest in every 24-hour period.Employees of all ages are entitled to at least 24 hours’ uninterrupted rest in each seven day period, which may be provided as one single 48 hour uninterrupted rest period in each 14-day period.Individual requirements on hours of work are provided in contracts of employment. Some contracts will contain the expectation that employees are able to take a flexible approach to their working hours and work additional hours when the needs of the business require this. Contracts will also set out the provisions for payment of additional hours.Rest breaksWhere working hours are more than six, employees are entitled to a rest break of minimum 20 minutes away from their workstation. Employees under the age of 18 years are entitled to a break of at least 30 minutes if the working day extends to more than 4.5 hours.Weekly hoursThe general maximum on weekly working hours is an average of 48 which is calculated over a reference period of 17 weeks.Employees can agree to work hours in excess the 48 hour average if they choose to. In order to do this, a written agreement must be prepared and signed. Once agreement has been given, it can be rescinded on the provision of [insert a period of time from seven days to three months] notice. This notice must be given in writing to the employee’s line manager.Opting out is entirely at the employee’s discretion and the Company will not oblige an employee to agree to work hours in excess of an average of 48 calculated as above.Employees wishing to discuss the opt out provision should do so with their line manager.Night workAn employee is generally classed as a night worker if they normally perform at least three hours’ work between the hours of 11pm and 6am.The maximum working hours in each 24 hours for night workers should not be more than eight hours if the work has any special hazards or results in physical or mental strain. Night workers will receive adequate rest periods.We will ensure that all night workers receive a free health assessment at the commencement of night work and subsequently at regular intervals during the duration of their night work.If an employee is not clear whether s/he is a night worker, the employee should contact the HR department to discuss this. Any other concerns regarding night working should be discussed with the employee’s line manager.Annual leaveEmployees receive [insert number] days of leave each year, which [delete as appropriate – does/does not] include public holidays. Part-time employees receive a pro-rata entitlement based on their actual working hours. The Company does not ordinarily permit employees to carry leave from one leave year to the next.Employees should refer to their contract of employment for details on booking of annual leave.AgreementsCollective or workforce agreements may be used to provide for a longer reference period than would usually be used to ensure an average of 48 hours per week is not exceeded. They cannot be used to disapply the average 48 hour maximum.Save for the agreement to opt out of the average 48 hour maximum, agreements cannot be used to exclude the application of any other entitlement on working hours.ExceptionsA selection of the directions on minimum rest periods can be overruled in some circumstances or in particular elements of industry. If any of these exceptions apply to our employees, this will be notified to them. ................
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