Working Time Regulations 1998
| Jurisdiction | UK Non-devolved |
| Citation | SI 1998/1833 |
(1) These Regulations may be cited as the Working Time Regulations 1998 and shall come into force on 1st October 1998.(2) These Regulations extend to Great Britain only.(1) In these Regulations—(2) In the absence of a definition in these Regulations, words and expressions used in particular provisions which are also used in corresponding provisions of the Working Time Directive or the Young Workers Directive have the same meaning as they have in those corresponding provisions.a reference to a numbered regulation is to the regulation in these Regulations bearing that number;a reference in a regulation to a numbered paragraph is to the paragraph in that regulation bearing that number; anda reference in a paragraph to a lettered sub-paragraph is to the sub-paragraph in that paragraph bearing that letter.(1) The provisions of this Part have effect subject to the exceptions provided for in Part III of these Regulations.(2) Where, in this Part, separate provision is made as respects the same matter in relation to workers generally and to young workers, the provision relating to workers generally applies only to adult workers and those young workers to whom, by virtue of any exception in Part 3, the provision relating to young workers does not apply.(1) F20Unless his employer has first obtained the worker’s agreement in writing to perform such work, a worker’s working time, including overtime, in any reference period which is applicable in his case shall not exceed an average of 48 hours for each seven days.(2) An employer shall take all reasonable steps, in keeping with the need to protect the health and safety of workers, to ensure that the limit specified in paragraph (1) is complied with in the case of each worker employed by him in relation to whom it applies F21and shall keep up-to-date records of all workers who carry out work to which it does not apply by reason of the fact that the employer has obtained the worker’s agreement as mentioned in paragraph (1) .where a relevant agreement provides for the application of this regulation in relation to successive periods of 17 weeks, each such period, orin any other case, any period of 17 weeks in the course of his employment.(4) Where a worker has worked for his employer for less than 17 weeks, the reference period applicable in his case is the period that has elapsed since he started work for his employer.(5) Paragraphs (3) and (4) shall apply to a worker who is excluded from the scope of certain provisions of these Regulations by regulation 21 as if for each reference to 17 weeks there were substituted a reference to 26 weeks.(6) For the purposes of this regulation, a worker’s average working time for each seven days during a reference period shall be determined according to the formula—where—A is the aggregate number of hours comprised in the worker’s working time during the course of the reference period;B is the aggregate number of hours comprised in his working time during the course of the period beginning immediately after the end of the reference period and ending when the number of days in that subsequent period on which he has worked equals the number of excluded days during the reference period; andC› is the number of weeks in the reference period. any period of annual leave taken by the worker in exercise of his entitlement under regulation 13;any period of sick leave taken by the worker;any period of maternity F42paternity, adoption or parental leave taken by the worker; andany period in respect of which the limit specified in paragraph (1) did not apply in relation to the worker F22by reason of the fact that the employer has obtained the worker’s agreement as mentioned in paragraph (1) .(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .may either relate to a specified period or apply indefinitely; andsubject to any provision in the agreement for a different period of notice, shall be terminable by the worker by giving not less than seven days’ notice to his employer in writing.(3) Where an agreement for the purposes of F24regulation 4 makes provision for the termination of the agreement after a period of notice, the notice period provided for
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