Implementation of the Working Time Regulations: followup study

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Implementation of the Working Time Regulations
follow-up study
DTI Seminar, London, 24 September 2003

• Fiona Neathey
• Institute for Employment Studies

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Introduction

• Follow-up study to earlier research based on
  qualitative research in 20 organisations
• Three years after original study
• To explore subsequent developments
• Review impact of recent and forthcoming legal
  changes

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Background The WTR

• Introduced October 1998
• 48 hour limit with opt-out
• In-work breaks breaks between working days
  weekly breaks compensatory rest
• Four weeks paid leave per year
• Night work restrictions

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Background original study

• Conducted in 1999 and 2000
• 20 case studies interviews with HR managers
  line managers employee representatives
• Return visits to 15 where WTR having some impact

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Background original findings

• Widespread use of opt-out collective
  agreementsworking practice changes
• Changes to provide for rest breaks
• Issues leave for casuals holiday pay
• Introduction of Health assessments
• Major impact in a minority of cases. Some changes
  yet to be introduced

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Legal developments since 2000

• BECTU judgement on leave entitlement (October
  2001)
• Implementation of Young Workers Directive (April
  2003)
• Changes to night work calculations (April 2003)
• Horizontal Amending Directive

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Research approach

• Telephone interviews in 15 organisations to
  determine
• Any further progress/developments re the WTR
• Impact of legal changes
• Detailed interviews in 5 organisations
  Engineering co Security co NHS trust Retail
  co Contracting co

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Detailed interviews

• With senior HR manager
• Initial approach to WTR
• Treatment of any outstanding issues
• Changes to original approach
• Business changes following implementation
• Impact of the WTR

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Findings 48 hour week

• Only 4 of 15 had seen some changes in their
  approach. Use of opt-out still widespread
• Some concern re potential loss
• Young worker changes unproblematic where
  understood
• Some additional changes to work practices in
  response WTR

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Example Security Co

• Some hours exceeded 84 a week
• WTR implementation
• Widespread use of the opt out
• Collective agreement
• Changed working arrangements
• Three years on
• 72 hours still worked in some areas
• New shift rosters plus increased staffing

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Example Contracting Co

• Long hours working in highways
• WTR implementation
• 52-week reference period
• Planned changes in working patterns/increased
  staffing
• Three years on
• Increased staff/changed stand-by
• Compliance in all but a few cases

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Findings Rest and recuperation

• Three years on
• Minor changes in one organisation
• General picture of compliance
• Some issues of interpretation
• location of breaks
• are daily and weekly breaks separate
• breaks for young workers

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Findings Annual Leave

• Three years on
• Leave for casual staff still problematic for some
• Some misinterpretation re calculation of holiday
  pay
• Legal change - affected 6 of the 15

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Findings Night work

• 11 of 15 have night workers
• Little change in this area
• Health assessment provision mainly voluntary
• Concern about repeat health assessments
• Legal changes have little impact

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Findings Excluded Sectors

• Extension of some protection to previously
  excluded sectors transport, sea-fishing,
  off-shore, junior doctors
• Main area affected NHS - phased reduction in
  hours
• National agreement prompting change

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Example NHS Trust

• Financial cost of non-compliance with National
  Agreement
• Doctors hours reduced in some areas
• Increased staff removal of on-call revised
  skills mix

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Impact of WTR

• Some evidence of restriction in working hours
• Benefits improved operational efficiency
  clarification and justification of staffing needs
• Costs labour costs staff turnover

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Conclusion

• WTR not of major concern over the last three
  years
• A few areas of concern/confusion remain
• Recent/forthcoming changes to the WTR were not
  seen as problematic
• However, some employers were unaware of these
  changes