Leader magazineASCL - Association of School and College Leaders

Working time regulations

The employment appeal tribunal has heard another case where an employer fell foul of the Working Time Regulations 1999. In this case, it applied to a boarding school which did not realise that the principles apply to its employees.

A worker has to have a break of 24 hours every seven days or 48 hours a fortnight and must have a break after six hours' working. If a person is on call that time counts towards the six hours and the seven days.

The tribunal reiterated that: "The extent to which a worker is likely to be called out is not decisive of the question whether she is working." The judge recognised that this did produce the rather odd result that a worker might be woken after eight hours' sleep to be told that she must now take a rest period, but that was the law.

School which have resident staff need to ensure that they are compliant with these regulations.

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