Employment Law Retainer Schemes

Working Time Regulations

The basic rights of the Working Time Regulations appear below. Various exceptions and opt outs apply.

Weekly working

A worker has the right not to work more than 48 hours per week calculated over a 17 week reference period. The reference period may be extended.

Daily rest (adult)

Eleven consecutive hours in every 24 hour period.

Weekly rest (adult)

Uninterrupted period of not less than 24 hours in each 7 day period.

Daily rest (adult)

Twenty minutes break provided that the working day is longer than 6 hours.

Annual holiday (adult)

5.6 weeks’ paid annual leave. Paid public holidays may contribute to this entitlement.

Amendment to DTI Working Time Guidance

In response to a case recently reported here the DTI has amended its guidance on the Working Time Regulations. It was held that “rolled up” holiday pay included in the payroll but not paid when workers were on leave was not lawful since employees did on receive pay when actually on holiday. The guidance does however suggest that payments made already may be off-set against future leave payments provided that these payments had been made transparently and clearly.

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