LRD guides and handbook August 2013

Health and safety law 2013

Chapter 9

Who the Working time Regulations apply to

The regulations apply to workers not just employees. They cover any individual who works under a contract personally to perform work or services for another, except for those individuals who are genuinely in business on their own account and are in a client or customer relationship with the other party. Thus, for example, the Working Time Regulations protect agency workers, apprentices, casual workers, and any workers in sham “self-employment” arrangements. Interns are covered provided they are “workers”. More information is available from LRD’s Law at work 2013.

Following a series of amendments, groups previously excluded from the regulations are now included. The Working Time (Amendment) Regulations 2003 implemented the European Horizontal Amending Directive. The UK regulations now include “non-mobile workers” in most of the previously “excluded” sectors, such as air, road and rail transport and offshore work. This means, for example, that clerical workers in these sectors are now fully covered.