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Employment Law Relating to Working Time Regulations

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Working Time Regulations

Regulations governing an employee’s right to annual leave, rest breaks, non-working days and weekly breaks are known as the Working Time Regulations (WTRs). These regulations are designed to ensure that employees are not overworked, or employed in working conditions that have an adverse effect on their health and wellbeing.

By ensuring that your business complies with WTRs, you can not only safeguard the wellbeing of employees, but can also protect your organisation in the event of grievances, complaints and Employment Tribunal action.

It is also important to note that WTRs can vary between industries, with guidelines specifying the maximum number of hours employees can be expected to work per week, as well as a minimum allowance for breaks and holidays. But businesses that require employees to work night shifts, overtime or on-call responsibilities are particularly vulnerable to infringements of the Working Time Regulations, and it is therefore important to clarify which activities constitute ‘working time’ in employment contracts, minimising the potential for any future disagreements.

Loch Law can offer extensive expertise in providing comprehensive advice to employers on WTRs, enabling organisations to comply with the relevant guidelines while ensuring that all staff are working appropriate hours, minimising the risk of any related disputes and claims.

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How Loch Law can help

Our team of expert employment lawyers can work with you to identify what activities constitute ‘working time’ within a given role, before drafting employment contracts that minimise the risk of ambiguity and subsequent disputes. Employers can also benefit from our assistance in navigating due process in each case where staff wish to ‘opt out’ of WTRs. With comprehensive advice from Loch Law, we can help foster a working environment that upholds and supports the wellbeing of employees, while providing pragmatic solutions that strengthen the long-term productivity and profitability of your business.
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Pam and her team are always on hand to expertly advise us on any employment law issues we have. The speed of their service levels combined with high-quality advice always exceeds our expectations and as a result, we have been a satisfied client of the firm for over 7 years. I would not hesitate to recommend Loch Law to any business.

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Loch Law Client

The speed of their service levels combined with high quality advice always exceeds our expectations and as a result we have been a satisfied client of the firm for over 7 years. I would not hesitate to recommend Loch Law to any business.

Operations Director, Professional Services

The expertise of Loch Law made me feel in very safe hands. Caroline was thorough in explaining the legal situation, giving clear advice and was committed to getting me a fair outcome

Senior Professional

I cannot recommend Joe Milner at the Tunbridge Wells office highly enough. He was extremely helpful and reassuring and settled my claim quickly and efficiently. What a delightful chap to do business with.

Loch Law Client

The expertise of Loch Law made me feel in very safe hands. Caroline was thorough at explaining the legal situation, giving clear advice and was committed to getting me a fair outcome.

Senior Professional

We have been incredibly thankful for having your support over the last few years and our clients have been very impressed with the help they have received from Pam Loch and the rest of the team. We cannot praise you highly enough.

Loch Law Client

I cannot recommend Joe Milner at the Tunbridge Wells office highly enough. He was extremely helpful and reassuring, and settled my claim quickly and efficiently. What a delightful chap to do business with.

Loch Law Client

It goes without saying my contacting you at the outset & getting your great advice gave me confidence through this upsetting episode.

Loch Law Client

What kinds of problems can arise in relation to working time regulations?

Where disputes and claims arise, they typically relate to disagreements between staff and employers regarding:

 

  • What constitutes ‘working time’. Staff and employers may disagree over whether certain activities count as chargeable time, i.e. time spent travelling to and from work, or being ‘on call’ but off duty – for example, in professions such as care work which may involve sleeping at the workplace.
  • When a connection is drawn between working time and ill health. This is seen particularly in relation to health conditions developed by shift workers.
  • Managing disabilities. Where an employee finds that their disability impacts their experience of their working time, this can result in disputes and claims if reasonable adjustments are not made by the employer.
  • Holiday Pay. Disputes can arise regarding holiday entitlement and connected to holiday pay. The WTRs entitle staff to a minimum amount of paid holiday per year — 5.6 weeks per year — including all public holidays if the employer wishes.

Enquire now on 0203 667 5400

Our experts are waiting to talk with you and our aim is to respond to all enquiries within 2 hours.

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