Employers should be aware of the various protections available to employees in respect of working time and time off.
Employees have various legal protections for working time and time off, so employers must ensure they understand and follow the relevant rules. For employers, navigating the UK’s working time regulations and other rules around time off work can be complicated, which is why seeking expert advice is strongly recommended.
At Ashtons HR Consulting, we can provide clear, practical guidance for individual situations, as well as helping you to create legally compliant policies and procedures. If a dispute has arisen with an employee over taking time off, we can also help you to find the best resolution for your situation.
Contact our Employment and HR Experts Today
For expert support with working time regulations and rules around time off work, please contact our team in Bury St Edmunds, Cambridge, Ipswich, Norwich or Leeds.
When you work with us, we can provide HR consultancy support, as well as legal support, depending on your needs.
Our Working Time Regulations and Time Off Services
Working Time Regulations
These regulations set down conditions in relation to working time, rest breaks and holidays.
Holidays
In the UK, workers are entitled to a minimum of 5.6 weeks of paid annual leave per year including bank holidays, this is pro-rated for part-time workers. There are specific rules on carrying forward holiday to the next year. Claims can be brought if workers are not given their correct entitlement.
There are specific rules on calculating holiday pay, which we can advise you on further.
Rest breaks
Workers have minimum periods of interrupted rest that they are entitled to on a daily and weekly basis. Workers are also generally entitled to an uninterrupted period of 20 minutes rest if their working day exceeds 6hours. Where an employer’s working pattern puts a worker’s health and safety at risk, further short breaks may need to be considered in addition to the usual daily and weekly rest periods and breaks.
There are further rules relating to rest breaks where a worker is aged under 18.
Sick leave, medical appointments and medical suspension
If an employee is absent on sick leave due to a disability, the employer should avoid discrimination and may need to consider reasonable adjustments. Employees may qualify for SSP or company sick pay.
The contract of employment may also contain rights around attending medical appointments. Pregnant employees are allowed paid time off to attend antenatal appointments. In addition, if the employee is disabled, they may be entitled to reasonable adjustments to attend the appointment.
An employee may be suspended from work on medical grounds relating to certain hazardous substances, such as lead or radiation.
Time off for training
Employees working for employers with 250 or more employees are entitled to request time off work to undertake study or training.
Employees aged under 18 who do not have a Level 3 qualification (broadly two A-levels or equivalent) have a duty to participate in education or training. However, they no longer have the right to paid time off for training.
Time off in a redundancy situation
Employees under notice of dismissal because of redundancy are entitled to take reasonable time off to look for another job.
Family leave
Details about family-related time off can be found on our dedicated page: Families and Pregnancy – Maternity, paternity and adoption rights.
Workplace and trade union representatives
Workers and employees have the right to be accompanied by a fellow employee or trade union representative to disciplinary and grievance hearings. The companion is entitled to time off to do this.
Where an employer is proposing collective redundancies, or there is a TUPE transfer proposed, and there is no trade union, the employer must inform and consult either a standing body or employees or arrange to elect employee representatives. These employee reps are entitled to reasonable time off to perform their functions and undergo training. Likewise, trade union reps have a statutory right to reasonable time off to carry out their duties etc.
Other duties
An employee is entitled to time off from work to carry out certain public duties. Employees have the right not to be subjected to a detriment or dismissed as a result of performing jury service. When an employee joins the Reserve Forces, they have certain protections.
Flexible working
At Ashtons HR Consulting, we offer the following services concerning flexible working:
- Preparation of relevant HR policies
- Advice on handling the above requests
- Provision of template letters
- Advice on any queries that arise throughout the process
Why Choose our Team for Advice on Employee Time Off?
The team at Ashtons HR Consulting have extensive experience supporting employers across many different industries with both straightforward and more complex matters involving employees taking time off work.
We offer a tailored blend of HR support and legal advice, meaning you can be confident of navigating your employment law issues in a way that is legally compliant and effective for your specific circumstances.
If you would like to discuss your needs with a member of our team today, please get in touch with our employment law specialists.
Our Employee Time Off Advice Fees
We offer flexible fees to match your requirements, including fixed fees where appropriate.
To find out more about our fees for advice on working time regulations and time off work, please get in touch.
Frequently Asked Questions About Working Time Regulations and Time Off Work
What can you do if an employee takes time off without approval?
If an employee takes time off without approval, then it is a good idea to find out as much as possible about the circumstances before taking further action. Ideally, you would have a policy in place for unauthorised absences and you should review this, then speak to the employee as soon as possible about the reason for their absence.
If this is the first instance of unauthorised absence for this employee, it may be appropriate to review the unauthorised absence policy with the employee and explain to them that disciplinary action will be taken if this happens again. However, it is a good idea to be sensitive in how you approach these situations until you have the full facts around the absence.
If an employee has repeatedly been absent from work without permission, then disciplinary action may be appropriate. Again, however, it is important to do your due diligence and make all reasonable efforts to understand any circumstances that may be contributing to the unauthorised absences.
For example, if an employee is struggling with their health or a disability and you do not make reasonable efforts to explore these issues, you could find yourself at risk of a claim for unfair dismissal if you end up terminating their employment or constructive dismissal if they quit.
If you do not have an unauthorised absence policy, then it is strongly recommended to make one with the help of an experienced HR and employment law professional as soon as possible.
What can you do if an employee is taking too much time off?
If an employee is taking too much time off, you will need to address this, but you must be careful how you do this. For example, if someone is taking a large number of sick days, you will need to determine the reason so you can respond appropriately. Having a clear policy around sickness and other types of absences can help give you a strong foundation for addressing these issues in a way that is respectful and legally compliant.
The other issue may be where an employee is entitled to paid time off, but they want to take too many days in one go. Again, this is an issue that it is sensible to have a specific policy for. This policy could include provisions such as needing to take a certain amount of holiday days each quarter or needing special approval to take more than a certain number of days in one block.
Are employees entitled to unpaid leave?
Employees are not generally entitled to unpaid leave except in certain limited circumstances, for example, parental leave or jury service. That said, many employers will grant unpaid time off in particular circumstances, such as emergencies, so it is a good idea to have a clear policy on taking unpaid leave.
Contact our HR Consultants today
We recognise that every business is unique, and so are its workforce and operational requirements.
For expert support with working time regulations and rules around time off work, please contact our team in Bury St Edmunds, Cambridge, Ipswich, Norwich or Leeds.
When you work with us, we can provide HR consultancy support, as well as legal support, depending on your needs.
Please do not hesitate to contact our specialist team by filling out our online enquiry form or by calling 0333 222 0989.