Why Women Play Away
In the past few years regulations have been introduced
by the government to ensure that employees receive a
minimum level of pay and that they don’t spend too
much time on the job.
These measures are designed to improve people's morale, commitment and productivity and to protect them from mental stress or physical injury.
Working hours
The Working Time Regulations fix the maximum average
working week at 48 hours. For young workers aged
between 16 and 18, the maximum is eight hours a day and
40 hours a week. The limits don't apply to people like
senior managers or contractors who have the power to
decide how long they will work.
You should normally calculate the average number of hours over a 17 week period Ð but this period should not take account of holidays or sick leave. The working week includes work-related training, any travel done as part of the job and working lunches. It does not include travel to and from work or lunch breaks. Your employees can agree to ignore the 48 hour limit but you must not put pressure on them to do so.
Rest periods
Anyone who works for you is entitled to minimum rest
breaks. These are:
MA 20 minute break in each shift lasting six hours or
more (30 minutes for young workers).
MAt least 11 hours rest between each working day
(12 hours for young people).
At least one day off every week, or two days in every
fortnight (young workers get two days a week off). It is
possible for people to accumulate their rest breaks.
Night work
Night work is defined as working between 11pm and 6am
though employers and workers can choose a different
period. If they do, it must be at least seven hours long and
include the period from midnight to 5am. You will be a
'night worker' if your daily working time includes at least
three hours of 'night time'. Employees should not work
more than eight hours in each 24 hour period, averaged
over 17 weeks. If the work is hazardous or strenuous, they
should not work more than a maximum of eight hours in
any single 24 hour period.
You must provide a health assessment for night workers before they start their night-time work. This health assessment has to be repeated at regular intervals. The Working Time Regulations fix the maximum average working week at 48 hours.
Annual leave
All employees are entitled to at least 20 days of paid
annual leave. You must allow part timers to take an
amount of leave that is in proportion to the number of
days they work each week. For example, someone who
works for three days a week would be entitled to 12 days'
paid leave (three fifths of 20 working days). The DTI have
announced a further consultation on increasing holiday
entitlement to make paid time off for bank holidays
additional to the four weeks holiday entitlement. However,
most employers already allow staff to take public holidays
in addition to their normal holiday entitlement.
During the first year of work, employees usually get one
twelfth of their holiday entitlement for every month that
they work. When an employee resigns, you will have to
pay them for any leave that they have not yet taken.
Minimum wage
It doesn't matter what size of business you are running
Ð if you employ staff you are obliged by law to pay them
the National Minimum Wage. The current rates are:
££4.45 an hour for employees aged between 18 and 21.
This same rate applies to workers aged 22 and over who are
receiving accredited training during the first six months of
their employment.
££5.35 per hour for employees aged over 22.
QYou also need to be aware that a young workers' rate for
16-17 year olds is now in force at £3.30 per hour for people
who are no longer of compulsory school age. But
apprentices under the age of 18 are exempt from the
new young workers' rate.
How to keep paperwork in order
It's vital to keep accurate records to prove that you are
complying with the Working Time Regulations and that
you are paying the minimum wage. The relevant
authorities may want to inspect them at any time.
You won't have to keep special records if you have payslips
that quote hours worked each week. But do keep a record
of workers who have agreed to work longer than the 48
hour limit, just in case there are problems later on.
Regulation enforcement
The Working Time Regulations are enforced by the Health
and Safety Executive http://www.hse.gov.uk/. Although
they can come in and inspect your records at any time, in
practice they will probably only become involved if one of
your employees lodges a complaint. There are severe
penalties for any business which is found to be in breach of
the regulations.
You can read more about the Working Time Regulations on the DTI website http://www.dti.gov.uk/er/work_time_regs/wtr0.htm. If an employee thinks they aren't getting the minimum wage, they can phone the Inland Revenue minimum wage helpline and/or claim what they are entitled to through an employment tribunal or civil court.
Workers dismissed for asserting their right to the minimum wage, or because they complained about being paid less than the minimum wage, will be considered as unfairly dismissed. Again, they have the right to take a case to an employment tribunal if this occurs.
If you need more information, call the national minimum wage helpline for 'A detailed guide to the national minimum wage', and other advice (0845 6000 678). Or visit www.dti.gov.uk/er/nmw for further information and signposting on the National Minimum Wage.
