UK Statutory Instrument SI 1998 United Kingdom

WTR 1998

These Regulations implement Council Directive 93/104/EC concerning certain aspects of the organization of working time (O.J. No. L307, 13.12.93, p.18) and provisions concerning working time in Council Directive 94/33/EC on the protection of young people at work (O.J. No. L216, 20.8.94, p.12). The provisions in the latter Directive which are …

Enforced by
HMRC, HSE
Status
Amended (in force with amendments)
Penalty ceiling
Imprisonment 6 of 53 obligations carry an unlimited fine. 2 carry different penalties and 45 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Employer46 Director or Officer2 Any Person1

Plus 4 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Employer — also bound by 682 other Acts
Director or Officer — also bound by 429 other Acts
Any Person — also bound by 2340 other Acts

What it requires

Regulations creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

GENERAL

0 of 2 sections shown
2 other sections in this Part — procedural and definitional
Part 2

RIGHTS AND OBLIGATIONS CONCERNING WORKING TIME

17 of 26 sections shown
s.004 Maximum weekly working time (opens in a new tab) Regulated
  • Ensure workers do not exceed 48-hour average working weekEmployer
s.005 Maximum working time for young workers Regulated
  • Limit working hours for young workersEmployer
  • Limit working hours for young workers to 8 hrs/day and 40 hrs/weekEmployer
  • Limit young workers’ hours to 8 hrs per day and 40 hrs per weekEmployer
s.006 Night work by young workers Regulated
  • Prevent young workers from doing night workEmployer
  • Prevent young workers from working during restricted night periodsEmployer
s.006 Length of night work (opens in a new tab) Regulated
  • Limit night worker hours to an average of 8 hours per dayEmployer
  • Limit night workers’ hours to 8 hrs per 24 hrs and control special‑hazard shiftsEmployer
  • Limit night workers’ hours to an average of 8 hours per 24 hours and monitor complianceEmployer
s.007 Health assessment and transfer of night workers to day work (opens in a new tab) Regulated
  • Provide free health assessments for night workersEmployer
  • Provide free health assessments for night‑workers and transfer them if advisedEmployer
  • Provide free health assessments for night/young workers and transfer sick night workersEmployer
s.008 Pattern of work (opens in a new tab) Regulated
  • Provide adequate rest breaks for high-risk work patternsEmployer
  • Provide adequate rest breaks when work pattern risks healthEmployer
s.009 Records (opens in a new tab) Prosecution
  • Keep and retain records of staff working hoursEmployer
  • Keep and retain records of working‑time complianceEmployer
  • Keep and retain working‑time records for two yearsEmployer

Unlimited fine

s.010 Daily rest (opens in a new tab) Regulated
  • Provide daily rest periods for workers and young workersEmployer
  • Provide minimum daily rest for workersEmployer
  • Provide minimum daily rest of 11 (or 12) hours for workersEmployer
s.011 Weekly rest period (opens in a new tab) Regulated
  • Provide minimum weekly rest periods for workersEmployer
  • Provide workers with a weekly or fortnightly rest periodEmployer
  • Provide workers with a weekly rest periodEmployer
s.012 Rest breaks (opens in a new tab) Regulated
  • Provide mandatory rest breaks for workersEmployer
  • Provide rest breaks for employees working over six hoursEmployer
  • Provide rest breaks for workers exceeding daily hoursEmployer
s.013 Entitlement to annual leave (opens in a new tab) Regulated
  • Provide workers with 4 weeks' annual leave each year and manage carry-over rulesEmployer
s.014 Compensation related to entitlement to leave (opens in a new tab) Regulated
  • Pay compensation for untaken annual leave on terminationEmployer
  • Pay workers for untaken holiday when their employment endsEmployer
s.015 Irregular hours workers and part-year workers: annual leave accrued while on sick or statutory leave Regulated
  • Calculate holiday accrual for irregular or part-year workers on leaveEmployer
  • Calculate annual leave for irregular‑hour workers on sick or statutory leaveEmployer
s.016 Rolled-up holiday pay for irregular hours workers and part-year workers Regulated
  • Pay rolled‑up holiday uplift and show it on payslipsEmployer
  • Use rolled-up holiday pay for irregular or part-year workersEmployer
s.016 Payment in respect of periods of leave (opens in a new tab) Regulated
  • Pay workers correctly for annual leaveEmployer
s.017 Entitlements under other provisions (opens in a new tab) Regulated
  • Apply the most favorable leave or rest entitlementEmployer
  • Apply the most favourable rest, break or leave entitlementEmployer
  • Give workers the most favourable rest, break or holiday entitlementEmployer
s.irregular hours workers and part-year workers: com Irregular hours workers and part-year workers: compensation related to entitlement to leave Regulated
  • Pay irregular hours and part-year workers for untaken leave on terminationEmployer
9 other sections in this Part — procedural and definitional
s.016 Records relating to annual leave entitlement
s.entitlement to additional annual leave Entitlement to additional annual leave
s.irregular hours workers and part-year workers: ent Irregular hours workers and part-year workers: entitlement to annual leave
s.irregular hours workers and part-year workers: rig Irregular hours workers and part-year workers: right to carry forward annual leave
s.leave during the first year of employment Leave during the first year of employment
s.meaning of irregular hours workers and part-year w Meaning of irregular hours workers and part-year workers
Part 3

EXCEPTIONS

2 of 15 sections shown
s.024 Compensatory rest (opens in a new tab) Regulated
  • Provide compensatory rest when normal rest breaks are missedEmployer
s.027 Young workers: force majeure (opens in a new tab) Regulated
  • Give young workers compensatory rest after emergency workEmployer
13 other sections in this Part — procedural and definitional
s.doctors in training Doctors in training
s.entitlement to additional annual leave under a rel Entitlement to additional annual leave under a relevant agreement
s.mobile workers Mobile workers
s.other exceptions relating to young workers Other exceptions relating to young workers
s.workers employed in offshore work Workers employed in offshore work
Part 4

MISCELLANEOUS

6 of 16 sections shown
s.028 Enforcement (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • HSE and other authorities must enforce working time requirementsStatutory regulator
s.029 Offences due to fault of other person Imprisonment
  • Cause another person to commit a working time offenceAny Person
s.029 Offences by bodies corporate Prosecution
  • Corporate offence also makes directors personally liableDirector or Officer

Unlimited fine

s.029 Offences (opens in a new tab) Imprisonment
  • Fail to comply with Working Time Regulations requirementsEmployer
  • Fail to comply with working time rules or obstruct inspectorEmployer
s.030 Remedies (opens in a new tab) Regulated
  • Allow workers to take statutory rest/leave and pay any entitlementsEmployer
Other duties (2) — Crown / regulator
  • Tribunal must adjudicate on working time and holiday pay complaintsTribunal / Court
  • Tribunal must adjudicate on working time disputes and award remediesTribunal / Court
s.035 MISCELLANEOUS Prosecution
  • Fail to comply with relevant requirements (e.g., annual leave)Employer
  • Fail to comply with working‑time requirementsEmployer

Unlimited fine

10 other sections in this Part — procedural and definitional
s.extension of time limits because of mediation in c Extension of time limits because of mediation in certain cross-border disputes
s.extension of time limit to facilitate conciliation Extension of time limit to facilitate conciliation before institution of proceedings
s.power of court to order cause of offence to be rem Power of court to order cause of offence to be remedied
s.prosecutions by inspectors Prosecutions by inspectors
s.restriction on institution of proceedings in engla Restriction on institution of proceedings in England and Wales
Part 5

SPECIAL CLASSES OF PERSON

2 of 8 sections shown
s.037 Crown employment (opens in a new tab) Regulated
  • Apply working time protections to Crown and government employeesEmployer
Other duties (1) — Crown / regulator
  • Crown employees are protected by Working Time RegulationsCrown / Minister / Government department
s.041 Police service (opens in a new tab) Prosecution
  • Personal liability of police leaders for working time breachesDirector or Officer

Unlimited fine

6 other sections in this Part — procedural and definitional
Schedules

Schedules

0 of 18 shown
18 other schedules
s.sch001 An agreement is a workforce agreement for the purposes of...
s.sch001 For the purposes of this Schedule— “a particular group" is...
s.sch001 The requirements concerning elections referred to in paragraph 2 are...
s.sch002 Except where, in the case of a worker partly employed...
s.sch002 Where, in the case referred to in paragraph 1 above,...
s.sch002 In this Schedule, “an agricultural wages order" means an order...
s.sch002a Doctors in training
s.sch003 Appointment of inspectors
s.sch003 Powers of inspectors
s.sch003 Improvement notices
s.sch003 Prohibition notices
s.sch003 Provisions supplementary to paragraphs 3 and 4
s.sch003 Appeal against improvement or prohibition notice
s.sch003 Power of enforcement authority to indemnify inspectors
s.sch003 Restrictions on disclosure of information

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