Changes announced to the Working Time Regulations

The UK government is planning to make changes to the requirements for keeping working time records. The proposed change will be made as part of a wider project to cut red tape for businesses, by removing some EU-derived laws post-Brexit. The government has published a consultation on the retained EU employment law reforms, which is open until 7 July 2023.

Under the Working Time Regulations, employers are currently legally required to keep ‘adequate’ records of the hours worked by people who have opted-out of the 48-hour working week.

Employers must keep records showing that:

  • Working time, including overtime, for workers who have not opted out of the 48-hour maximum working week, does not exceed an average of 48 hours for any seven-day period
  • Young workers’ (under 18 years old) working time does not exceed eight hours per day, or 40 hours per week
  • Night workers normal hours of work do not exceed an average of eight hours in any 24-hour period, or, where the work involves hazards, physical or mental strain. Night workers should not work for more than eight hours in any 24-hour period
  • No young worker works between 10pm and 6am, or between 11pm and 7am if the contract requires them to work after 10pm
  • Night workers can take up a free health assessment before commencing night work, and throughout employment as a night worker.

Employers are required to keep these records for at least two years and should be accessible to employees on request. The consultation proposes to reduce the burden of record keeping and as always, 121 HR Solutions will ensure that clients are updated, as the legislation becomes clear!

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