Working Time Regulations

The Working Time Regulations 1998 (WTR) apply to homeworkers just as they do to any other workers. There is more detailed information about the WTR in LRD’s annual publication, Law at Work (www.lrdpublications.org.uk/lawatwork).

In particular, the WTR entitle all adult workers to an uninterrupted rest break away from their work station lasting at least 20 minutes if the working day lasts more than six hours (Regulation 12, WTR). This rest break must be taken during the shift. It cannot be taken once the shift has ended.

In addition, workers whose work is monotonous or the work rates pre-determined have an extra right to adequate rest breaks on top of the 20-minute break (Regulation 8, WTR).

There are separate obligations to provide rest breaks for keyboard users under the Display Screen Equipment Regulations (see page 49).

The employer has a legal duty proactively to encourage all workers, including homeworkers, to take their working time rest breaks, whether or not they ask to (Grange v Abellio London Limited [2016] UKEAT/0130/16/DA). They should do this by training workers and managers, implementing proper recording systems, ensuring workload and work arrangements allow workers to take rest breaks regardless of whether they ask to, and by stepping in when homeworkers do not appear to be taking enough breaks. Under the WTR, the employer is also obliged to keep “adequate” records to demonstrate compliance with maximum working time limits.