Employment Working Time Regulations And Holiday Rights

Working Time RegulationsAs an employee or a worker, you have a range of rights relating to working hours and holidays under the Working Time Regulations (WTR). The regulations entitle you to regular breaks and a minimum amount of time off. They also limit the number of hours you can work.

At Toner Legal, our expert employment lawyers can advise you of your entitlement and represent you in dealing with your employer if your rights are being breached. We are employment specialists with an in-depth understanding of the rules surrounding the hours you can be required to work and how much time off you should receive.

We always aim to deal with issues by way of negotiation and agreement wherever possible and we have a strong track record of success of resolving disputes amicably. Where necessary, we will prepare a robust case for hearing by a court or employment tribunal.

If you believe that your working time rights or entitlement to holiday and holiday pay have not been observed by your employer, you are strongly advised to speak to an employment lawyer immediately. There are deadlines for making claims, for example, you should start a claim for underpayment of holiday pay within three months.

Our Working Time Regulations and holiday rights advice and services

We deal with a wide range of WTR and holiday issues, including:

  • Advice on whether your employer is complying with the Working Time Regulations
  • Advice on complex holiday issues, including dealing with holiday entitlement and pay during sick leave or maternity leave and carrying over unused holiday
  • Representation if your employer has breached your working time or holiday rights

What are my rights under the Working Time Regulations?

The Working Time Regulations give most employees and workers the following rights:

  • Working no more than 48 hours in a week, unless they opt out of this
  • 6 weeks of paid holiday per year
  • For every 24-hour period of work, one consecutive hour of rest
  • A 20-minute break for a working day longer than 6 hours
  • An 11-hour break between working days
  • A minimum of one day off per week
  • Working no more than 8 hours in a night-shift in any 24-hour period
  • For 16-18 year olds, working no more than 8 hours per day and 40 hours per week

If you opt out of the 48-hour per week limit, you are still entitled to the rest of the rights contained in the WTR.

What holiday should my employer give me?

Under the above rules, someone who works 5 days per week is entitled to 28 days of paid holiday from the time they start working for their employer. This equates to 5.6 weeks.

Irregular-hours workers and part-year workers are entitled to the same ratio of leave. This equates to 12.07% of the hours worked in the period in question. If someone is absent, for example, on long-term sick leave or maternity leave, their employer should look at the hours worked in the 52 weeks up to their last day at work and use this figure to calculate their holiday entitlement.

Your holiday pay should be based on your normal remuneration. This means that if you regularly receive a bonus, commission or overtime of a set amount, this should be included by your employer when your holiday pay is calculated.

What can I do if my employer breaches the Working Time Regulations?

The first step is to check your employer’s grievance procedure. You can raise the issue initially with your line manager. If this does not resolve matters, you can register a formal grievance by writing an official letter. Your employer should follow their procedure in dealing with your grievance. If you do not receive an adequate response and the matter is not rectified, you can speak to an employment lawyer.

We can advise you of your rights and contact your employer on your behalf to enforce these. You may be entitled to make a financial claim and we can do this on your behalf.

For more information, see Grievances at Work – An Introduction.

Contact our employment lawyers for Working Time Regulations and holiday rights

If you believe that your employer is not complying with WTR or that you have not received the amount of holiday or holiday pay that you are entitled to, we can provide the representation you need.


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