Working Time Regulations 1998

“the 1996 Act" means the Employment Rights Act 1996

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;

“adult worker" means a worker who has attained the age of 18;

“the armed forces" means any of the naval, military and air forces of the Crown;

“calendar year" means the period of twelve months beginning with 1st January in any year;

“the civil protection services" includes the police, fire brigades and ambulance services, the security and intelligence services, customs and immigration officers, the prison service, the coastguard, and lifeboat crew and other voluntary rescue services;

“collective agreement" means a collective agreement within the meaning of section 178 of the Trade Union and Labour Relations (Consolidation) Act 1992

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, the trade union parties to which are independent trade unions within the meaning of section 5 of that Act;

“day" means a period of 24 hours beginning at midnight;

“employer", in relation to a worker, means the person by whom the worker is (or, where the employment has ceased, was) employed;

“employment", in relation to a worker, means employment under his contract, and “employed" shall be construed accordingly;

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“fishing vessel” has the same meaning as in section 313 of the Merchant Shipping Act 1995;

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“

irregular hours worker

” has the meaning given by regulation 15F(1);

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“mobile worker” means any worker employed as a member of travelling or flying personnel by an undertaking which operates transport services for passengers or goods by road or air;

“night time", in relation to a worker, means a period—

(a)

the duration of which is not less than seven hours, and

(b)

which includes the period between midnight and 5 a.m.,

which is determined for the purposes of these Regulations by a relevant agreement, or, in default of such a determination, the period between 11 p.m. and 6 a.m.;

“night work" means work during night time;

“night worker" means a worker—

(a)

who, as a normal course, works at least three hours of his daily working time during night time, or

(b)

who is likely, during night time, to work at least such proportion of his annual working time as may be specified for the purposes of these Regulations in a collective agreement or a workforce agreement;

and, for the purpose of paragraph (a) of this definition, a person works hours as a normal course (without prejudice to the generality of that expression) if he works such hours on the majority of days on which he works;

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“offshore work” means work performed mainly on or from offshore installations (including drilling rigs), directly or indirectly in connection with the exploration, extraction or exploitation of mineral resources, including hydrocarbons, and diving in connection with such activities, whether performed from an offshore installation or a vessel

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, including any such work performed in the territorial waters of the United Kingdom adjacent to Great Britain or in any area (except one or part of one in which the law of Northern Ireland applies) designated under section 1(7) of the Continental Shelf Act 1964

;

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“

part-year worker

” has the meaning given by regulation 15F(1)(b);

“relevant agreement", in relation to a worker, means a workforce agreement which applies to him, any provision of a collective agreement which forms part of a contract between him and his employer, or any other agreement in writing which is legally enforceable as between the worker and his employer;

“relevant training" means work experience provided pursuant to a training course or programme, training for employment, or both, other than work experience or training—

(a)

the immediate provider of which is an educational institution or a person whose main business is the provision of training, and

(b)

which is provided on a course run by that institution or person;

“rest period", in relation to a worker, means a period which is not working time, other than a rest break or leave to which the worker is entitled under these Regulations;

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“the restricted period”, in relation to a worker, means the period between 10 p.m. and 6 a.m. or, where the worker’s contract provides for him to work after 10 p.m., the period between 11 p.m. and 7 a.m.

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“ship” has the same meaning as in section 313 of the Merchant Shipping Act 1995;

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“

sick leave

” means absence from work due to sickness or injury;

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“

statutory leave

” means leave provided for in Part 8

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and Part 8B

of the 1996 Act;

“worker" means an individual who has entered into or works under (or, where the employment has ceased, worked under)—

(a)

a contract of employment...