Factsheet
11: Employer Information #6
Employer guidelines to the new Working Time Regulations (cont’d from Factsheet 10)
Night Workers
There are new regulations concerning night workers. However,
as an employer of personal assistants,
you can claim exemption from these, on the grounds of ‘special circumstances’,
and the “need for continuity of service”. It is suggested that records of hours
actually worked by your employees, perhaps provided through wages information,
are kept for up to two years, in case the authorities request these for
inspection.
Rest Periods
The new legislation also applies to a worker’s entitlement to
rest periods, daily rest, weekly rest and in-work rest breaks. However, the
‘special circumstances’ exemption can be claimed again. In this situation, the
obligation still remains with the employer to permit the employee to take ‘an
equivalent period of compensatory rest’, taken when convenient. This is a
period of rest or in-work break as long as the worker was entitled to but not
able to take due to your care needs.
For instance, a worker is entitled to an in-work break of 20
minutes if daily working time exceeds 6
hours. It is optional whether the employer chooses to pay for this break or
not.
It is advisable to include reference to ‘special
circumstances flexibility’ in respect of
the new legislation in your contracts of employment, and if you
are paying for in-work breaks or not.
Please contact your local Rowan Independent Living Adviser if
you have any queries regarding how this new legislation will affect employees
and your obligations as an employer.