Working time regulations 1998 (WTR) applies to all workers temporary workers as well as permanent who have not

signed an opt out agreement. Exceptions being workers who are self employed, limited company contractors working through employment businesses (i.e.temp agency). The WTR covers the following:

The 48-hour maximum working week Normally there is a maximum average working time of 48 hours over 7 days averaged over a period of 17 consecutive weeks. Any worker can agree to work in excess of the limit, through a valid agreement known as an opt out agreement. It is also possible for the worker to terminate this agreement, the maximum notice as part of the agreement is 7 days and the maximum allowed is three months.

Paid annual leave Statutory annual leave in England Scotland and Wales entitles all workers to a minimum paid annual leave period of 28 days. An employer can provide more than the statutory paid annual leave, which is not covered by the regulations but governed by the employers contract. Workers must give notice of their intention to take leave, which must be twice the length of time off that they are requesting. Employers can also give counter notice of at least the length of the leave requested if it is inconvenient for the worker to go on holiday at that time. There is not automatic right for workers not to work on a bank holiday or to be paid if not working or in fact to be paid any more than their normal rate of pay if they do work.

Pay in lieu of leave and carrying leave forward Employers are forbidden to make payments in lieu of holiday (within the statutory 28 days) that has not been taken at the end of the holiday year. Nor can workers carry forward their statutory entitlement form one holiday year to the next, unless due to illness.

Rest Periods and breaks Adult workers are entitled to a maximum rest period of 11 consecutive hours in each 24 hour period worked for the employer and 24 hours in 7 days.

Adult workers are entitled to a minimum 20 minute rest break during the working day if the working day is more than 6 hours. A young worker (above school leaving compulsory age but under 18) may not ordinarily work for more than 8 hours per day or 40 hours a week. These hours cannot be averaged out and there is no opt out available. Young workers are entitled to a maximum rest period of 30 minutes for every four and a half hours that they work, a rest period of 12 hours consecutive rest between working days and a weekly rest period of 48 hours each week. Offer of employment and employment contracts for permanent candidates Once a client makes a formal offer through the employment agency or approaches the candidate directly (under conduct regulations 2003) a confirmation of employment letter must be drawn up by the agency within three working days of the job being offered. The confirmation of employment letter should provide the following information: 1. 2. 3. 4. 5. 6. 7. 8. Employers name, Nature of their business Date of engagement Duration e.g. (permanent or specific time length e.g. 6 months) Type of work, Location of work, Hours required to work, Any risks to health and safety known to the hirer and the steps taken to prevent or control such risks. 9. Any specific experience, training, qualifications they require to do the job, 10. Additional benefits (car, agreed bonuses, healthcare etc) 11. Any expenses payable 12. Minimum rate of remuneration 13. Intervals of payment 14. Length of notice required to terminate employment, 15. Length of notice the candidate can expect from the employer to terminate employment.

When the employer offers a job to a candidate (without the work finding services of an agency) a written statement of employment or offer letter is issued to the successful candidate, which confirms all main employment particulars (e.g. name, date, location, place of work, description of work, rate of pay, payment intervals, hours of work, holiday entitlement etc). A template which covers all legal requirements for this can be found at www.businesslink.gov.uk/writtenstatement Employees are entitled by law to be given a written statement setting out the main particulars of their employment within two months of their start date. A contract of

employment exists as soon as an employee starts work. Starting work proves that the employee accepts the terms and conditions offered by the employer. A contract of employment exists to cover all other contractual issues e.g. extended sickness pay, rates of overtime pay, confidentiality agreements etc. For further information go to www.legislation.gov.uk (Employment Rights Act 1996). Also go to www.direct.gov.uk (for employment contract terms) An employer must contact and consult the employee before making fundamental changes to the employment contract terms and conditions and gain their consent. Once mutually agreed employers are not obliged to issue a new written statement each time it is changed, provided written notification is given to employees within one month of the change occurring. Disclaimer: This article is for informational purposes only. If you have specific questions regarding your working contract or are currently in a dispute with your employer you should seek qualified legal advice.