Slips, Trips & Falls
Working Time Regulations Claims Newcastle
In 1998, Working Time Regulations came into force following the introduction of The Working Time Regulations Act 1998. The regulations provide employees with the following rights:
- Average 48 hour week. Employees can opt to work longer should they wish to. The average worked is averaged out over 17 weeks (or whatever period the employee has actually worked should it be shorter than 17 weeks). The period it is averaged out over is known as the reference period and it can be extended to 26 weeks in certain instances (e.g. hospital work). It can even be extended by up to 52 weeks where the employer and employee consent.
- Night workers: limit of 8 hours work average in 24.
- Night workers: right to free health assessment both prior to commencing work and at regular intervals thereafter
- Uninterrupted rest break of 11 hours in every 24.
- One day off per week.
- Rest break of 20 minutes for every 6 hours worked consecutively.
- Four weeks paid leave per annum.
- Sufficient additional rest breaks for those where the nature of their work places their health and safety at risk.
Employers are obliged to keep records of working time for each employee. The Health & Safety Executive, Local Authorities and various transport authorities have the power to take enforcement action, make inspections, serve notices on employers and prosecute offences under the Working Time Regulations.
However, in the vast majority of cases, workers enforce their rights by starting a claim in the Employment Tribunal. A Tribunal can award compensation to employees where employers breach the regulations. Any claim must be brought within 3 months of the most recent breach in the Working Time Regulations.
In some cases an employee may be able to claim that a breach of the Regulations entitles them to resign and claim unfair constructive dismissal. A worker has the right not to be subjected to a detriment in their work if they refuse to work in breach of the regulations, refuse to give up a right under the regulations or bring a claim asserting that the employer is in breach of the Regulations. An employee who is dismissed for asserting their rights in this way or bringing a claim is regarded as unfairly dismissed. There is no minimum qualifying period of employment required for an employee to bring a claim in the Employment Tribunal, in respect of either of these potential claims, but the claim must be received by the Tribunal within 3 months of the dismissal or detriment.
If you feel that your employer has broken the Working Time Regulations then please contact us and our specialist team of advisors and solicitors in order to identify whether you have a claim against your Employer.
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Have you been the victim of medical negligence? Then you may be entitled to compensation.