Working Time Regulations   First Employer Prosecution

Legislation changes expected for April 2003   

Working Time Regulations

The first employer prosecution

It is well documented that workers in Britain, especially London, work the longest hours in Europe and are the only EU member that allows staff to opt out of the 48 hour working week limit. The introduction of the Working Time Regulations four years has to date not lead to a reduction in hours worked, but is this about to change?

The first successful case against an employer for breaching the 48 hour limit has recently been brought. Breckland County Council prosecuted Martins, part of the Forbuoys newsagents chain, in a milestone case for the Working Time Regulations 1998.

Mrs Lumbard, the employee, worked constantly over the 48 hour maximum clocking up an enormous average of 71.3 hours a week over a four month period. This included one week where she worked 97 hours, which is more than double the weekly maximum. She could also not take lunch breaks and was deprived of holiday leave for two years.

Mrs Lumbard did not sign an opt-out agreement, which would have protected her employer from the claims against them.

A spokesperson for Forbouys stated that their procedures have been changed to ensure that such breaches will not happen in future.

Legislation changes expected for April 2003

48 Hour working opt-out

The EU will review the UK's right to allow opt outs early next year and it is widely presumed that the right will be revoked. Businesses that rely on opt outs need to act now in order to bring average working hours in line with the 48 hour limit.

The right to apply to work flexibly

This new law is expected to be implemented in April 2003. Mothers and fathers of children aged under six, or of disabled children aged under eighteen, will have the right to apply to work flexibly and their employers will have a duty to consider their requests seriously.

1. It will be up to the parent to apply. They will have to set out the working pattern that they wish to adopt and explain the effect that they envisage it will have on their employer, including how it might be accommodated.
2. The employer will then have to arrange to meet the parent to discuss the request within 28 days of receiving the request. It is at this meeting that both the parties will discuss issues with the request and if relevant, explore alternative work patterns.
3. The employer will be expected to notify the parent in reasonable time (not clarified yet – will probably be 21 days), the decision in writing.
4. Where an employer agrees – the new work patterns, it is suggested, should take place within 8 weeks.
5. Where an employer rejects the application, they will have to provide a specific business reason.
6. There must be an appeals procedure. The ability to appeal within 14 days of being notified of the decision.
7. Should a case end up at a tribunal, the employer will need to demonstrate that they followed procedure – i.e. having held the meeting and given an explanation on business grounds for refusing the request.
8. Those not eligible – worked under 26 weeks, agency worker, member of armed forces, made another application during the past 12 months.

Statutory disciplinary and grievance procedures.

Due to be implemented April 2003. Aim is that all organisations regardless of number of employees will be required to have a written disciplinary and grievance procedure.

The information in this newsletter is of a general nature and is not a substitute for professional advice. You are recommended to obtain specific professional advice before you take any action.

For further information, advice or assistance on any of the matters raised in this newsletter please contact Picasso HR on 01473 890037.

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