POLICY:



WORKING TIME REGULATIONS

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Principle

Westminster Homecare endorses the Working Time Regulations 1998 which under the Health & Safety at Work Act 1974 provides for the health and safety of employees by ensuring adequate rest periods.

Regulations Overview

Introduction

The Government put the Working Time Regulations (WTR) before Parliament on 30 July 1998. These regulations came into force on 1 October 1998.

Please note that this summary has not attempted to cover all of the provisions of the Regulations but have been drawn to give a flavour of the Regulations.

Purpose of the Regulations

The Regulations will implement the EC Working Time Directive (93/104/EC) and the EC Young Workers Directive (94/33/EC) as far as it relates to adolescents.

Coverage

The regulations apply to workers over the minimum school leaving age. The definition of worker covers those with a contract of employment plus a wider group who undertake work under other forms of contract (e.g. agency and temporary workers, etc.) but does not cover the self-employed.

There are some special provisions, which relate to adolescent workers, these are workers who are over the minimum school leaving age but under 18. Westminster Homecare however do not employ adolescent workers.

Principle Provisions of the Regulations

Weekly working hours limits

The regulations have set a working time limit of an average of 48 hours per week. The standard averaging period is 17 weeks, but can be extended to 26 weeks if the workers are covered by one of the ‘exceptions’ or up to 52 weeks by an agreement between employers and workers. Individuals can voluntarily agree to dis-apply the weekly working hours limits. Where workers choose to do this, employers are required to maintain records of the hours they have worked.

Measures relating to night time working

Night workers are subject to a working time limit of an average of 8 hours in each 24 hour period. The standard averaging period is again 17 weeks but can be extended by one of the ‘exceptions’ or by an agreement between employers and workers. Adult night workers are entitled to a health assessment before being required to perform night work and periodically thereafter.

Rest breaks and periods

Adult workers will be entitled to:

• one day off each week.

• 11 hours consecutive rest per day.

• A minimum 20 minute rest break if their working day is longer than 6 hours.

These provisions are subject to ‘exceptions’ which provide flexibility in certain circumstances.

Paid annual leave

Workers are entitled to four weeks paid annual leave (as of November 1999). For workers who have just started work with an employer, their entitlement does not arise until a 13 week qualifying period has been completed.

Exceptions

Unmeasured working time - Covers workers whose working time is not measured or predetermined or can be determined themselves. Effectively these workers will only be subject to the paid annual leave provisions.

Specified circumstances - Flexibility is on the basis that workers receive compensatory rest. The specified circumstances include, activities involving the need for continuity of service or production and where there is a foreseeable surge of activity.

Force Majeure - Unexpected and unpredictable occurrences beyond an employer’s control.

Employer/Worker agreements - Collective agreements can be made with an independent trade union. ‘Workforce’ agreements can be made with workers where there is no recognised trade union. The workforce can either individually sign the agreement (where a firm employs 20 workers or less) or the workforce can elect representatives to negotiate on their behalf. The Regulations provide for a mechanism for representatives to be chosen.

Enforcement

The limits (e.g. the weekly working time and night work limits) in the Regulations will be enforced by the health and safety enforcing authorities e.g. the Health and Safety Executive and Local Authorities. The entitlements (e.g. the rest periods and breaks and the paid annual leave) will be enforced by Industrial Tribunals.

Westminster Homecare Interpretations

Westminster Homecare adhere to the guidance provided by the DTI to ensure compliance. However the DTI also advice employers to interpret the law on situations which are not covered in the Regulations. These interpretations have been made with the advice of both FRES and the UKHCA.

Multiple employment

The DTI has indicated that there is no obligation on an employer to take an employee's other employment into account to be compliant with the Regulations. Westminster Homecare however ask all new employees, on induction, to sign a statement, which asks for details of other employers.

Rest Periods and Night Work

Westminster Homecare make every effort to ensure its care workers are given the required rest breaks. Under the exceptions guideline "Unmeasured working time" and "work which requires continuity of service" - Westminster Homecare Staff employed in the following job roles will be deemed as exempt for the rest periods ruling:

• On-Call

• Live-in Care

• Sleep-in Shifts

• Waking Night Shifts

Record Keeping

Westminster Homecare keep all timesheet records as well as employee files for a minimum of 2 years.

Continuous 13 week period

Westminster Homecare assume that all employees provide a continuous 13 week period of service from the first day of work.

However, restarting an employees 13 week qualifying period is left to the discretion of the Westminster Homecare Branch Manager, who have the right to reset an employees 13 week qualifying period, if that employee breaks the 13-week continuity period.

Westminster Homecare Procedures

Rest Periods

Westminster Homecare advise employees to ensure that rest periods are adhered to for their own health and safety. Where an employee does not embrace these provisions and a lowering of standards or sickness and absence arise, then the company may wish to interview the employee to encourage the responsibility for him/her to take care of his/her own health as detailed in the Health and Safety at work Act 1974. Where employees feel that the workload is becoming too great they are advised to seek an interview with the Branch co-ordinator to make suitable adjustments.

All employees will be kept informed of any changes brought about by the Working Time Regulations 1998 as and when they arise.

Employees are given the right to waver the maximum 48 hour working week rule by signing a Westminster Homecare 48 hour disclaimer form.

Holiday Pay Guidance

Westminster Homecare operate a specialist software application which records, track and calculates holiday pay for each employee based on the Working Time Regulations.

The following Holiday Pay policy guidance notes are issued to all care staff on induction.

1. Westminster Homecare operate a Domiciliary Care staff holiday year starting on the 1st October and ending on the 30th September the following year.

1. All carers are entitled to 4 weeks paid holiday. (This entitlement rose from 3 weeks on the 1st October 1999).

2. Holiday Entitlement is accrued on a pro-rata basis (approximately 2.3 days each month).

3. New employees will begin accruing holiday from their start date (first visit or shift), however Westminster Homecare do not send holiday request slips to the carers for the first 3 months employment.

4. During this qualifying period, if the employee has a break then the 91 days qualifying period may be re-started. It is at the discretion of the branch Manager to highlight this break in service event, (and bring it to the attention of the accounts department).

5. On a monthly basis active employees will receive a Holiday Advice form which will inform them of their accrued holiday entitlement.

6. Application for annual leave will only be accepted using a completed Holiday Request form (This is on the bottom portion of the Holiday Advice form). Backdated holiday requests will not be accepted.

7. Notice for leave must be at least 2 days for every day of holiday.

8. The Branch co-ordinator ultimately has the right to refuse holiday requests.

9. In keeping with the spirit of the legislation, accrued holiday will not be paid to employees who have not taken holiday. Furthermore employees who have left the company will not be entitled to holiday pay.

10. Westminster Homecare will automatically carry-over up to 5 days of accrued holiday from one holiday year to the next. Any other remaining holiday will however be lost on the 1st October.

These carried-over holiday days must be used within 2 months (by 1st December) or they will be lost.

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