LRD guides and handbook November 2023

Health and Safety Law 2023

Chapter 10

Hours of work

[page 155]

This chapter covers the law, Health and Safety Executive (HSE ) and other guidance on aspects of working time, the latest case law developments and government proposals for reform. It covers all aspects of the Working Time Regulations 1998, including how they are interpreted and enforced in relation to travel time, and time “on call”, as well as which workers are covered by the law. It also covers sector-specific regulations for transport workers and drivers, working time regulations for children and young workers, the UK’s opt out rule from the European Working Time Directive, night and shift workers, rest time, how to record working time, and the different aspects of holiday entitlement and pay.

The Working Time Regulations 1998 (WTR) gave effect to the European Union Working Time Directive (WTD), which was originally adopted in 1993 as a health and safety measure. The HSE says that poorly designed shift-working arrangements and long working hours that do not balance the demands of work with time for rest and recovery can result in fatigue, accidents, injuries and ill health. And the TUC says there is a significant body of evidence that shift work, and in particular night work, can lead to cardiovascular problems, obesity, diabetes and breast cancer. Shift work is also linked to stomach problems and ulcers, depression, and an increased risk of injury.