LRD guides and handbook July 2021

Law at work 2021 - the trade union guide to employment law

Chapter 4

Working hours and breaks

[ch 4: page 124]

The Working Time Regulations 1998 (WTR) limit the length of the working day and the working week. They are among the worker rights most at risk from Brexit.

In addition to the Working Time Directive, there is specific legislation affecting working time, tailored to the needs of different sectors, including rail, road and air transport. There is information about these in LRD’s annual legal guide, Health and Safety Law (www.lrdpublications.org.uk/hslaw).

Brexit and working time

The Working Time Regulations 1998 are based on the EU Working Time Directive (WTD). The WTD is part of the body of laws known as “Retained EU law” under the Brexit deal between the EU and the UK government. Following the ending of the Brexit transition period on 31 December 2020, the UK government is largely free to make changes to working time laws (see Chapter 1). Within weeks, the government announced its planned “review” of worker rights, only to row back temporarily in response to political pressure.

Many of the important union legal victories on holidays and holiday pay described in this section rely on ECJ rulings on working time. Employment tribunals (ETs) and the Employment Appeal Tribunal (EAT) remain bound by these rulings. However, from 1 January 2021, the Court of Appeal and the Supreme Court are free to decide not to follow them.