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Can workers opt out of rest breaks?
The Working Time Regulations 1998 (SI 1998/1833) specify minimum rest break and daily and weekly rest period entitlements for adult workers aged 18 and over, and for young workers under the age of 18 but above compulsory school age. Workers cannot opt out of statutory minimum rest entitlements on an individual basis. Employers must make sure that workers can take their rest breaks. Under the terms of a collective or workforce agreement, the right of adult workers to rest brea
Andrew Crawford
Jan 11 min read


In what circumstances is travelling time included in the working time calculation?
Working time is defined in the Working Time Regulations 1998 (SI 1998/1833) as: any period during which the worker is working, at their employer's disposal and carrying out their activity or duties; any period during which they are receiving relevant training; and any additional period designated as working time under a relevant agreement. Working time includes travelling where it is an integral part of the job, for example in the case of a travelling sales executive or a mob
Andrew Crawford
Jan 11 min read


What are an employer's obligations?
What are an employer's obligations under the Working Time Regulations 1998? Under reg.4(2) of the Working Time Regulations 1998 (SI 1998/1833), an employer is obliged to retain up-to-date records of workers who have agreed to opt out of the 48-hour working week. Employers should maintain a list of the names of such workers, and a copy of the opt-out agreements. Regulation 9 requires employers to keep records that are adequate to show that: working time, including overtime, fo
Andrew Crawford
Jan 12 min read


How should an employer calculate a term-time worker's paid holiday?
Employers must ensure that term-time workers receive at least their statutory minimum annual leave entitlement. The employer can designate periods during the school holidays to be the term-time worker's annual leave. A worker's entitlement depends on whether or not they fall within the definition of either an 'irregular hours' or 'part year' worker. Term-time workers are likely to be part-year workers, including where they are paid in equal instalments throughout the year. Fo
Andrew Crawford
Jan 11 min read
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