Are you ready for the changes to the Working Time Regulations?

What is the Working Time Directive?
The Working Time Directive was the European Directive that brought the Working Time Regulations to the UK in October 1998. It introduced a mandatory requirement that all workers (except those in excluded sectors) gained a statutory right to paid holiday, a maximum average 48 hour working week, controls on rest/break periods and extra protection for night workers.

Does it include everyone?
Currently no - some sectors were excluded from the 1998 Working Time Directive because they needed specific legislation to suit them. Transport was excluded, so drivers and other workers in the road industry are among those not yet covered. Also, Member States had the opportunity to offer workers an individual opt-out clause – people who wanted to work more than 48 hours a week could sign an agreement in order to do so.

How are the regulations changing?
The Working Time (Amendments) Regulations were introduced in August 2003. These include an extension of the Working Time Regulations to cover non-mobile workers (e.g. clerical and administrative) in previously excluded sectors such as road transport. These also entitle workers not previously covered, including all drivers, to 4 weeks paid holiday and eligibility for night worker health assessments. Additional legislation covering road transport drivers and traveling crew will be phased in from 2005. Of particular relevance will be the Road Transport Directive. This will extend the Working Time Regulations to all drivers in all sectors as of March 2005.

What is the Road Transport Directive and what will it mean?
Adopted in March 2002, the Road Transport Directive provides additional legislation for greater protection of road transport workers. It comes into force in the UK in March 2005 and covers details of breaks, rest periods and working times of HGV drivers. The self-employed will be excluded from this directive until 2009.

When are drivers impacted and how?
Drivers will feel the impact of the Road Transport Directive from March 2005. It will bring additional protection for drivers, including a maximum working week of 48 hours (over a 17-week period, including paid holidays), limits on the length of night-work to 8 hours per night, as well as daily and weekly rest provisions and rest breaks. The individual opt-out clause is not valid under the Road Transport Directive. Two separate directives, namely the Horizontal Amending Directive (implemented in 2003) and the Road Transport Directive play a part in applying rules on working time to the road transport sector, covering both drivers and 'non-mobile' workers such as fitters and warehousemen.


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This information kindly provided by Key3 Partners.