Working time regulations

The Working Time Regulations 1998 impose certain rights and obligations relating to work and rest, subject to certain exemptions. If the Regulations apply to the post in question, then:

Weekly working time limits

Workers may not required to work more than an average of 48 hours a week over a rolling 17 week period, unless they have signed an opt-out agreement. This limit applies to all jobs held by an individual, within Oxford Brookes University and/or externally. Accordingly, were a member of staff to have multiple jobs then their average hours would be determined by combining all of them.

Staff who work more than 48 hours over a rolling 17 week period must refrain from working this number of hours or sign an opt out agreement.  Staff are responsible for keeping their line manager informed of the hours that they are working, particularly if they have more than one job and line managers are responsible for helping to ensure that staff are not working exsessive hours.

Rest periods

  • Employees are entitled to a minimum daily rest period of 11 consecutive hours in each 24-hour period.
  • Staff are entitled to a minimum weekly rest period of 24 hours rest every seven days, or 48 hours rest every 14 days.
  • The daily rest and weekly rest entitlements are cumulative, not concurrent and are taken in addition to paid annual leave.
  • Staff contracted to work call-out or standby arrangements should, wherever practical, be allowed to commence normal day work at a later start time following the period worked, to ensure the employee has a suitable rest period.

Daily rest breaks

  • Workers are entitled to an uninterrupted break of 30 minutes when daily working time is more than six hours. It should not be taken either at the start, or at the end of a working day.
  • Under the Regulations employers must make sure that workers can take their rest, but are not required to make sure they do take their rest.

Young workers

  • Young workers are those who are above school leaving age but under 18.
  • Young workers are entitled to a minimum daily rest period of 12 consecutive hours in each 24-hour period; and minimum weekly rest of two days each week which may not be averaged over 14 days.
  • Young workers are entitled to an uninterrupted break of 30 minutes when daily working time is more than 4 hours 30 minutes.

Staff with more than one job

It is the responsibility of those staff with more than one job to keep their weekly hours below 48 and inform their line manager if their hours might exceed that total.

Only staff aged 18 years or over may sign a 48 Hours Opt Out form and it is voluntary.  If a member of staff signs the 48 Hour Opt out Form and then wishes to cancel it, they must give 3 months notice in writing to the Director of HR and their Line Manager.