The Working Time Regulations 1998

[^key-623351ce898a52c1ceb163b45047baad]: Reg. 14(6) inserted (1.1.2024) by The Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023 (S.I. 2023/1426), regs. 1(2), 3(5)(c)

[^key-fa6328928015528bef08009195a71e46]: Reg. 14(5) omitted (1.1.2024) by virtue of The Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023 (S.I. 2023/1426), regs. 1(2), 3(5)(b)

[^key-fdac75802f37fff7c929b16881c2e3db]: Words in reg. 14(1)(b) substituted (1.1.2024) by The Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023 (S.I. 2023/1426), regs. 1(2), 3(5)(a)

[^key-625ae71513d02659d6e4917abfa8569c]: Words in reg. 2(1) inserted (1.1.2024) by The Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023 (S.I. 2023/1426), regs. 1(2), 3(1)

[^key-0a6e7949cad07eae64e29dff42b5c0d8]: Words in reg. 4(7)(a) inserted (1.1.2024) by The Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023 (S.I. 2023/1426), regs. 1(2), 3(2)

[^key-8f37dca1868d389b688d306b16ba32fb]: Words in reg. 15(1) substituted (1.1.2024) by The Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023 (S.I. 2023/1426), regs. 1(2), 3(6)(a)

[^key-bbdbd36497b46d8531d85f68cdf6e9d3]: Words in reg. 15(2)(a) substituted (1.1.2024) by The Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023 (S.I. 2023/1426), regs. 1(2), 3(6)(b)

[^key-ce5773a5a8237bb98f438ed762915bca]: Words in reg. 15(2)(b) omitted (1.1.2024) by virtue of The Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023 (S.I. 2023/1426), regs. 1(2), 3(6)(c)

[^key-d48ae896c0b564b5b84369010e83313c]: Words in reg. 30(1)(a)(i) substituted (1.1.2024) by The Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023 (S.I. 2023/1426), regs. 1(2), 3(10)(a)(i)

[^key-ea049ae065ad3411d5d8c0322d03f67d]: Words in reg. 30(1)(b) substituted (1.1.2024) by The Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023 (S.I. 2023/1426), regs. 1(2), 3(10)(a)(ii)

[^key-1645f6e667da28c794dfd586da153f80]: Words in reg. 30(5) substituted (1.1.2024) by The Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023 (S.I. 2023/1426), regs. 1(2), 3(10)(b)

[^key-94352f14e52cee40e7f67d8cdbace767]: Words in Sch. 2 para. 1(a) substituted (1.1.2024) by The Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023 (S.I. 2023/1426), regs. 1(2), 3(11)

[^key-e068c7f53c80aece5f543fa6de231850]: Reg. 10 applied (1.4.2024) by The Agricultural Wages (Wales) Order 2024 (S.I. 2024/390), arts. 1, 29

[^key-e4aa1b9507321a375f24fb77664256e1]: Reg. 11 applied (1.4.2024) by The Agricultural Wages (Wales) Order 2024 (S.I. 2024/390), arts. 1, 30

[^key-d6a4c3ece06c4edb145053474ed27e3d]: Reg. 12 applied (1.4.2024) by The Agricultural Wages (Wales) Order 2024 (S.I. 2024/390), arts. 1, 28

[^key-4aab634356b76771e5b3ef535d65145f]: Reg. 21 applied (1.4.2024) by The Agricultural Wages (Wales) Order 2024 (S.I. 2024/390), arts. 1, 28-30

[^key-798af878422181ff13217175477f458a]: Reg. 20 applied (1.4.2024) by The Agricultural Wages (Wales) Order 2024 (S.I. 2024/390), arts. 1, 28-30

[^key-5f27458897999bc071d5478ff10ed37b]: Reg. 16 applied (1.4.2024) by The Agricultural Wages (Wales) Order 2024 (S.I. 2024/390), arts. 1, 36(2)

[^key-7751932d39a664af6102211fde02040d]: Reg. 24 applied (1.4.2024) by The Agricultural Wages (Wales) Order 2024 (S.I. 2024/390), arts. 1, 28-30

[^key-ba0824de8cd05e6da68473d6b53d9f05]: Words in reg. 2(1) inserted (6.4.2024) by The Carer's Leave (Consequential Amendments to Subordinate Legislation) Regulations 2024 (S.I. 2024/266), regs. 1(2), 2(2)

[^key-5206ba5b7b9a23882f0e37280f949412]: Reg. 16 applied (1.4.2025) by The Agricultural Wages (Wales) Order 2025 (S.I. 2025/293), arts. 1, 35(2)

[^key-0740bef4c3d180359f76a8b1f5590155]: Reg. 16A applied (1.4.2025) by The Agricultural Wages (Wales) Order 2025 (S.I. 2025/293), arts. 1, 35(2)

[^key-0df6cbd78072a7443e883afba516f946]: Words in reg. 38(3)(c)(i) substituted (1.4.2026) by Armed Forces Commissioner Act 2025 (c. 23), s. 7(2), Sch. 2 para. 5(a); S.I. 2026/14, regs. 2, 4(e) (with reg. 5)

[^key-860aa709f39febb82464bd33ca0d129e]: Word in reg. 38(3)(c)(ii) substituted (1.4.2026) by Armed Forces Commissioner Act 2025 (c. 23), s. 7(2), Sch. 2 para. 5(b); S.I. 2026/14, regs. 2, 4(e) (with reg. 5)

[^key-11dab252c569ccf18126d8e8d430895e]: Reg. 16B inserted (6.4.2026) by Employment Rights Act 2025 (c. 36), ss. 35(2), 159(3); S.I. 2026/323, reg. 3(1)(8)

[^key-23b992d6d6cb0c9db006dff3a848f055]: Words in reg. 29(1) inserted (6.4.2026) by Employment Rights Act 2025 (c. 36), ss. 35(3), 159(3); S.I. 2026/323, reg. 3(1)(8)

[^key-d38a3ffc7a7ac9a3e8eca47ebcb13ade]: Reg. 29C renumbered as reg. 29C(1) (6.4.2026) by Employment Rights Act 2025 (c. 36), ss. 35(4)(a), 159(3); S.I. 2026/323, reg. 3(1)(8)

[^key-2e593d76dac99ba7741b57ad9cf93ad7]: Reg. 29C(2) inserted (6.4.2026) by Employment Rights Act 2025 (c. 36), ss. 35(4)(b), 159(3); S.I. 2026/323, reg. 3(1)(8)

35A

• (1) The Secretary of State shall, after consulting persons appearing to him to represent the two sides of industry, arrange for the publication, in such form and manner as he considers appropriate, of information and advice concerning the operation of these Regulations.

• (2) The information and advice shall be such as appear to him best calculated to enable employers and workers affected by these Regulations to understand their respective rights and obligations under them.

Leave during the first year of employment

15A

• (1) During the first year of his employment, the amount of leave a worker may take at any time in exercise of his entitlement under regulation 13 or regulation 13A is limited to the amount which is deemed to have accrued in his case at that time under paragraph (2) or (2A), as modified under paragraph (3) in a case where that paragraph applies, less the amount of leave (if any) that he has already taken during that year.

• (2) For the purposes of paragraph (1), in the case of workers to whom the Agricultural Wages (Scotland) Act 1949 applies, leave is deemed to accrue over the course of the worker’s first year of employment, at the rate of one-twelfth of the amount specified in regulation 13(1) on the first day of each month of that year.

• (2A) Except where paragraph (2) applies, for the purposes of paragraph (1), leave is deemed to accrue over the course of the worker’s first year of employment, at the rate of one-twelfth of the amount specified in regulation 13(1) and regulation 13A(2), subject to the limit contained in regulation 13A(3), on the first day of each month of that year.

• (3) Where the amount of leave that has accrued in a particular case includes a fraction of a day other than a half-day, the fraction shall be treated as a half-day if it is less than a half-day and as a whole day if it is more than a half-day.

• (4) This regulation does not apply to a worker whose employment began on or before 25th October 2001.

Payment in respect of periods of leave

Entitlements under other provisions

Maximum working time for young workers

5A

• (1) A young worker’s working time shall not exceed—

• (a) eight hours a day, or

• (b) 40 hours a week.

• (2) If, on any day, or, as the case may be, during any week, a young worker is employed by more than one employer, his working time shall be determined for the purpose of paragraph (1) by aggregating the number of hours worked by him for each employer.

• (3) For the purposes of paragraphs (1) and (2), a week starts at midnight between Sunday and Monday.

• (4) An employer shall take all reasonable steps, in keeping with the need to protect the health and safety of workers, to ensure that the limits specified in paragraph (1) are complied with in the case of each worker employed by him in relation to whom they apply.

Length of night work

Night work by young workers

6A

An employer shall ensure that no young worker employed by him works during the restricted period.

Health assessment and transfer of night workers to day work

Pattern of work

Records

Daily rest

Weekly rest period

Rest breaks

Entitlement to annual leave

Compensation related to entitlement to leave

Dates on which leave is taken

Leave during the first year of employment

Payment in respect of periods of leave

Entitlements under other provisions

Other exceptions relating to young workers

27A

• (1) Regulation 5A does not apply in relation to a young worker where—

• (a) the young worker’s employer requires him to undertake work which is necessary either to maintain continuity of service or production or to respond to a surge in demand for a service or product;

• (b) no adult worker is available to perform the work, and

• (c) performing the work would not adversely affect the young worker’s education or training.

• (2) Regulation 6A does not apply in relation to a young worker employed—

• (a) in a hospital or similar establishment, or

• (b) in connection with cultural, artistic, sporting or advertising activities,

in the circumstances referred to in paragraph (1).

• (3) Regulation 6A does not apply, except in so far as it prohibits work between midnight and 4 a.m., in relation to a young worker employed in—

• (a) agriculture;

• (b) retail trading;

• (c) postal or newspaper deliveries;

• (d) a catering business;

• (e) a hotel, public house, restaurant, bar or similar establishment, or

• (f) a bakery,

in the circumstances referred to in paragraph (1).

• (4) Where the application of regulation 6A is excluded by paragraph (2) or (3), and a young worker is accordingly required to work during a period which would otherwise be a rest period or rest break—

• (a) he shall be supervised by an adult worker where such supervision is necessary for the young worker’s protection, and

• (b) he shall be allowed an equivalent period of compensatory rest.

Mobile workers

24A

• (1) Regulations 6(1), (2) and (7), 10(1), 11(1) and (2) and 12(1) do not apply to a mobile worker in relation to whom the application of those regulations is not excluded by any provision of regulation 18.

• (2) A mobile worker, to whom paragraph (1) applies, is entitled to adequate rest, except where the worker’s activities are affected by any of the matters referred to in regulation 21(e).

• (3) For the purposes of this regulation, “adequate rest” means that a worker has regular rest periods, the duration of which are expressed in units of time and which are sufficiently long and continuous to ensure that, as a result of fatigue or other irregular working patterns, he does not cause injury to himself, to fellow workers or to others and that he does not damage his health, either in the short term or in the longer term.

Workers in the armed forces

Workers employed in offshore work

25B

• (1) In the case of workers employed in offshore work, paragraphs (3)–(5) of regulation 4 shall not apply and paragraphs (2) and (3) of this regulation shall apply in their place.

• (2) Subject to paragraph (3), the reference period which applies in the case of workers employed in offshore work is—

• (a) where a relevant agreement provides for the application of this regulation in relation to successive periods of 52 weeks, each such period; and

• (b) in any other case, any period of 52 weeks in the course of his employment.

• (3) Where a worker employed in offshore work has worked for his employer for less than 52 weeks, the reference period applicable in his case is the period that has elapsed since he started work for his employer.

Young workers employed on ships

Young workers:force majeure

Other exceptions relating to young workers

Offences due to fault of other person

29A

Where the commission by any person of an offence is due to the act or default of some other person, that other person shall be guilty of the offence, and a person may be charged with and convicted of the offence by virtue of this paragraph whether or not proceedings are taken against the first-mentioned person.

Offences by bodies corporate

29B

• (1) Where an offence committed by a body corporate is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or a person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

• (2) Where the affairs of a body corporate are managed by its members, the preceding paragraph shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

Restriction on institution of proceedings in England and Wales

29C

• (1) Proceedings for an offence shall not, in England and Wales, be instituted except by an inspector or by or with the consent of the Director of Public Prosecutions.

• (2) But paragraph (1) does not prevent the Secretary of State from instituting proceedings in England and Wales for an offence under regulation 29(1) in respect of a failure to comply with regulation 16B(1) (duty to keep records).

Prosecutions by inspectors

29D

• (1) An inspector, if authorised in that behalf by an enforcement authority, may, although not of counsel or a solicitor, prosecute before a magistrate’s court proceedings for an offence under these Regulations.

• (2) This regulation shall not apply to Scotland.

Power of court to order cause of offence to be remedied

29E

• (1) Where a person is convicted of an offence in respect of any matters which appear to the court to be matters which it is in his power to remedy, the court may, in addition to or instead of imposing any punishment, order him, within such time as may be fixed by the order, to take such steps as may be specified in the order for remedying the said matters.

• (2) The time fixed by an order under paragraph (1) may be extended or further extended by order of the court on an application made before the end of that time as originally fixed or as extended under this paragraph, as the case may be.

• (3) Where a person is ordered under paragraph (1) to remedy any matters, that person shall not be liable under these Regulations in respect of those matters in so far as they continue during the time fixed by the order or any further time allowed under paragraph (2).

Remedies

Right not to suffer detriment

Unfair dismissal

Conciliation

Appeals

Restrictions on contracting out

SCHEDULE 3 — ENFORCEMENT

Appointment of inspectors

1

• (1) Each enforcement authority may appoint as inspectors (under whatever title it may from time to time determine) such persons having suitable qualifications as it thinks necessary for carrying into effect these Regulations within its field of responsibility, and may terminate any appointment made under this paragraph.

• (2) Every appointment of a person as an inspector under this paragraph shall be made by an instrument in writing specifying which of the powers conferred on inspectors by these Regulations are to be exercisable by the person appointed; and an inspector shall in right of his appointment under this paragraph—

• (a) be entitled to exercise only such of those powers as are so specified; and

• (b) be entitled to exercise the powers so specified only within the field of responsibility of the authority which appointed him.

• (3) So much of an inspector’s instrument of appointment as specifies the powers which he is entitled to exercise may be varied by the enforcement authority which appointed him.

• (4) An inspector shall, if so required when exercising or seeking to exercise any power conferred on him by these Regulations, produce his instrument of appointment or a duly authenticated copy thereof.

Powers of inspectors

2

• (1) Subject to the provisions of paragraph 1 and this sub-paragraph, an inspector may, for the purpose of carrying into effect these Regulations within the field of responsibility of the enforcement authority which appointed him, exercise the powers set out in sub-paragraph (2) below.

• (2) The powers of an inspector referred to in the preceding sub-paragraph are the following, namely—

• (a) at any reasonable time (or, in a situation which in his opinion is or may be dangerous, at any time) to enter any premises which he has reason to believe it is necessary for him to enter for the purpose mentioned in sub-paragraph (1) above;

• (b) to take with him a constable if he has reasonable cause to apprehend any serious obstruction in the execution of his duty;

• (c) without prejudice to the preceding sub-paragraph, on entering any premises by virtue of paragraph (a) above to take with him—

• (i) any other person duly authorised by the inspector’s enforcement authority; and

• (ii) any equipment or materials required for any purpose for which the power of entry is being exercised;

• (d) to make such examination and investigation as may in any circumstances be necessary for the purpose mentioned in sub-paragraph (1) above;

• (e) to require any person whom he has reasonable cause to believe to be able to give any information relevant to any examination or investigation under paragraph (d) above to answer (in the absence of persons other than a person nominated by him to be present and any persons whom the inspector may allow to be present) such questions as the inspector thinks fit to ask and to sign a declaration of the truth of his answers;

• (f) to require the production of, inspect, and take copies of or of any entry in—

• (i) any records which by virtue of these Regulations are required to be kept, and

• (ii) any other books, records or documents which it is necessary for him to see for the purposes of any examination or investigation under paragraph (d) above;

• (g) to require any person to afford him such facilities and assistance with respect to any matters or things within that person’s control or in relation to which that person has responsibilities as are necessary to enable the inspector to exercise any of the powers conferred on him by this paragraph;

• (h) any other power which is necessary for the purpose mentioned in sub-paragraph (1) above.

• (3) No answer given by a person in pursuance of a requirement imposed under sub-paragraph (2)(e) above shall be admissible in evidence against that person or the spouse or civil partner of that person in any proceedings.

• (4) Nothing in this paragraph shall be taken to compel the production by any person of a document of which he would on grounds of legal professional privilege be entitled to withhold production on an order for discovery in an action in the High Court or, as the case may be, on an order for the production of documents in an action in the Court of Session.

Improvement notices

3

If an inspector is of the opinion that a person—

• (a) is contravening one or more of these Regulations; or

• (b) has contravened one or more of these Regulations in circumstances that make it likely that the contravention will continue or be repeated,

he may serve on him a notice (in this Schedule referred to as “an improvement notice”) stating that he is of that opinion, specifying the provision or provisions as to which he is of that opinion, giving particulars of the reasons why he is of that opinion, and requiring that person to remedy the contravention or, as the case may be, the matters occasioning it within such period (ending not earlier than the period within which an appeal against the notice can be brought under paragraph 6) as may be specified in the notice.

Prohibition notices

4

• (1) This paragraph applies to any activities which are being or are likely to be carried on by or under the control of any person, being activities to or in relation to which any of these Regulations apply or will, if the activities are so carried on, apply.

• (2) If as regards any activities to which this paragraph applies an inspector is of the opinion that, as carried on or likely to be carried on by or under the control of the person in question, the activities involve or, as the case may be, will involve a risk of serious personal injury, the inspector may serve on that person a notice (in this Schedule referred to as “a prohibition notice”).

• (3) A prohibition notice shall—

• (a) state that the inspector is of the said opinion;

• (b) specify the matters which in his opinion give or, as the case may be, will give rise to the said risk;

• (c) where in his opinion any of those matters involves or, as the case may be, will involve a contravention of any of these Regulations, state that he is of that opinion, specify the regulation or regulations as to which he is of that opinion, and give particulars of the reasons why he is of that opinion; and

• (d) direct that the activities to which the notice relates shall not be carried on by or under the control of the person on whom the notice is served unless the matters specified in the notice in pursuance of paragraph (b) above and any associated contraventions of provisions so specified in pursuance of paragraph (c) above have been remedied.

• (4) A direction contained in a prohibition notice in pursuance of sub-paragraph (3)(d) above shall take effect—

• (a) at the end of the period specified in the notice; or

• (b) if the notice so declares, immediately.

Provisions supplementary to paragraphs 3 and 4

5

• (1) In this paragraph “a notice” means an improvement notice or a prohibition notice.

• (2) A notice may (but need not) include directions as to the measures to be taken to remedy any contravention or matter to which the notice relates; and any such directions—

• (a) may be framed to any extent by reference to any approved code of practice; and

• (b) may be framed so as to afford the person on whom the notice is served a choice between different ways of remedying the contravention or matter.

• (3) Where an improvement notice or a prohibition notice which is not to take immediate effect has been served—

• (a) the notice may be withdrawn by an inspector at any time before the end of the period specified therein in pursuance of paragraph 3 or paragraph 4(4) as the case may be; and

• (b) the period so specified may be extended or further extended by an inspector at any time when an appeal against the notice is not pending.

Appeal against improvement or prohibition notice

6

• (1) In this paragraph “a notice” means an improvement or a prohibition notice.

• (2) A person on whom a notice is served may within 21 days from the date of its service appeal to an employment tribunal; and on such an appeal the tribunal may either cancel or affirm the notice and, if it affirms it, may do so either in its original form or with such modifications as the tribunal may in the circumstances think fit.

• (3) Where an appeal under this paragraph is brought against a notice within the period allowed under the preceding sub-paragraph, then—

• (a) in the case of an improvement notice, the bringing of the appeal shall have the effect of suspending the operation of the notice until the appeal is finally disposed of or, if the appeal is withdrawn, until the withdrawal of the appeal;

• (b) in the case of a prohibition notice, the bringing of the appeal shall have the like effect if, but only if, on the application of the appellant the tribunal so directs (and then only from the giving of the direction).

• (4) One or more assessors may be appointed for the purposes of any proceedings brought before an employment tribunal under this paragraph.

Power of enforcement authority to indemnify inspectors

7

Where an action has been brought against an inspector in respect of an act done in the execution or purported execution of these Regulations and the circumstances are such that he is not legally entitled to require the enforcement authority to indemnify him, that authority may, nevertheless, indemnify him against the whole or part of any damages and costs or expenses which he may have been ordered to pay or may have incurred, if the authority is satisfied that the inspector honestly believed that the act complained of was within his powers and that his duty as an inspector required or entitled him to do it.

Restrictions on disclosure of information

8

• (1) In this and the two following sub-paragraphs—

• (a) “relevant information” means information obtained by an inspector in pursuance of a requirement imposed under paragraph 2(2)(e) or (f); and

• (b) “the recipient”, in relation to any relevant information, means the person by whom that information was so obtained or to whom that information was so furnished, as the case may be.

• (2) Subject to the following sub-paragraph, no relevant information shall be disclosed without the consent of the person by whom it was furnished.

• (3) The preceding sub-paragraph shall not apply to—

• (a) disclosure of information to the Commission , the ONR, a government department or any enforcement authority;

• (b) without prejudice to paragraph (a) above, disclosure by the recipient of information to any person for the purpose of any function conferred on the recipient by or under any of the relevant statutory provisions , relevant nuclear provisions or under these Regulations;

• (c) without prejudice to paragraph (a) above, disclosure by the recipient of information to—

• (i) an officer of a local authority who is authorised by that authority to receive it; or

• (ii) a constable authorised by a chief officer of police to receive it; or

• (d) disclosure by the recipient of information in a form calculated to prevent it from being identified as relating to a particular person or case.

• (4) In the preceding sub-paragraph any reference to the Commission , the ONR, a government department or an enforcement authority includes respectively a reference to an officer of that body or authority (including in the case of an enforcement authority, any inspector appointed by it), and also, in the case of a reference to the Commission, includes a reference to—

• (a) a person performing any functions of the Commission or the Executive on its behalf by virtue of section 13(1)(a) of the 1974 Act;

• (b) an officer of a body which is so performing any such functions; and

• (c) an adviser appointed in pursuance of section 13(1)(d) of the 1974 Act.

• (4A) In sub-paragraph (3) a reference to the ONR also includes a reference to—

• (a) a person performing functions of the ONR on its behalf by virtue of section 95 of the 2013 Act;

• (b) an officer of a body which is so performing any such functions; and

• (c) a person appointed to provide advice to the ONR.

• (5) A person to whom information is disclosed in pursuance of sub-paragraph (3) above shall not use the information for a purpose other than—

• (a) in a case falling within sub-paragraph (3)(a), a purpose of the Commission , or the ONR, of the government department, or of the enforcement authority in question in connection with these Regulations , the relevant nuclear provisions or with the relevant statutory provisions, as the case may be;

• (b) in the case of information given to an officer of a body which is a local authority, the purposes of the body in connection with the relevant statutory provisions , the relevant nuclear provisions or any enactment whatsoever relating to working time, public health, public safety or the protection of the environment;

• (c) in the case of information given to a constable, the purposes of the police in connection with these Regulations, the relevant statutory provisions , the relevant nuclear provisions or any enactment whatsoever relating to working time, public health, public safety or the safety of the State.

• (6) A person shall not disclose any information obtained by him as a result of the exercise of any power conferred by paragraph 2 of this Schedule (including in particular any information with respect to any trade secret obtained by him in any premises entered by him by virtue of any such power) except—

• (a) for the purposes of his functions;

• (b) for the purposes of any legal proceedings; or

• (c) with the relevant consent.

In this sub-paragraph “the relevant consent” means the consent of the person who furnished it, and, in any other case, the consent of a person having responsibilities in relation to the premises where the information was obtained.

• (7) Notwithstanding anything in the preceding sub-paragraph an inspector shall, in circumstances in which it is necessary to do so for the purpose of assisting in keeping persons (or the representatives of persons) employed at any premises adequately informed about matters affecting their health, safety and welfare or working time, give to such persons or their representatives the following descriptions of information, that is to say—

• (a) factual information obtained by him as mentioned in that sub-paragraph which relates to those premises or anything which was or is therein or was or is being done therein; and

• (b) information with respect to any action which he has taken or proposes to take in or in connection with those premises in the performance of his functions;

and, where an inspector does as aforesaid, he shall give the like information to the employer of the first-mentioned persons.

• (8) Notwithstanding anything in sub-paragraph (6) above, a person who has obtained such information as is referred to in that sub-paragraph may furnish to a person who appears to him to be likely to be a party to any civil proceedings arising out of any accident, occurrence, situation or other matter, a written statement of the relevant facts observed by him in the course of exercising any of the powers referred to in that sub-paragraph.

Doctors in training

25A

• (1) Paragraph (1) of regulation 4 is modified in its application to workers to whom this paragraph applies by substituting for the reference to 48 hours a reference to 52 hours—

• (a) in the case of doctors in training who are employed in an employment falling within Table 1 of Schedule 2A, with effect from 1st August 2009 until 31st July 2011; and

• (b) in the case of doctors in training who are employed in an employment falling within Table 2 of Schedule 2A, with effect from 2nd November 2009 until 31st July 2011.

• (1A) Paragraph (1) applies to workers who are doctors in training who are employed—

• (a) by an employer who is listed in column 1 of Table 1 or Table 2 contained in Schedule 2A,

• (b) at a place listed in column 2 of the applicable table in respect of that employer,

• (c) to provide at that place one of the specialist services listed in column 3 of the applicable table in respect of that place, and

• (d) in one of the grades listed in column 4 of the applicable table in respect of that specialist service and, where applicable, working as part of a rota referred to in that column in respect of that grade, or those grades.

• (2) In the case of workers who are doctors in training, paragraphs (3)–(5) of regulation 4 shall not apply and paragraphs (3) and (4) of this regulation shall apply in their place.

• (3) Subject to paragraph (4), the reference period which applies in the case of a worker who is a doctor in training is, with effect from 1st August 2004—

• (a) where a relevant agreement provides for the application of this regulation in relation to successive periods of 26 weeks, each such period; and

• (b) in any other case, any period of 26 weeks in the course of his employment.

• (4) Where a doctor in training has worked for his employer for less than 26 weeks, the reference period applicable in his case is the period that has elapsed since he started work for his employer.

Workers employed in offshore work

Young workers employed on ships

Young workers:force majeure

Other exceptions relating to young workers

Entitlement to additional annual leave

13A

• (A1) This regulation applies to—

• (a) a worker in respect of any leave years beginning before 1st April 2024, and

• (b) a worker to whom regulation 15B does not apply in respect of any leave years beginning on or after 1st April 2024.

• (1) Subject to regulation 26A and paragraphs (3) and (5), a worker is entitled in each leave year to a period of additional leave determined in accordance with paragraph (2).

• (2) The period of additional leave to which a worker is entitled under paragraph (1) is—

• (a) in any leave year beginning on or after 1st October 2007 but before 1st April 2008, 0.8 weeks;

• (b) in any leave year beginning before 1st October 2007, a proportion of 0.8 weeks equivalent to the proportion of the year beginning on 1st October 2007 which would have elapsed at the end of that leave year;

• (c) in any leave year beginning on 1st April 2008, 0.8 weeks;

• (d) in any leave year beginning after 1st April 2008 but before 1st April 2009, 0.8 weeks and a proportion of another 0.8 weeks equivalent to the proportion of the year beginning on 1st April 2009 which would have elapsed at the end of that leave year;

• (e) in any leave year beginning on or after 1st April 2009, 1.6 weeks.

• (3) The aggregate entitlement provided for in paragraph (2) and regulation 13(1) is subject to a maximum of 28 days.

• (4) A worker’s leave year begins for the purposes of this regulation on the same date as the worker’s leave year begins for the purposes of regulation 13.

• (5) Where the date on which a worker’s employment begins is later than the date on which his first leave year begins, the additional leave to which he is entitled in that leave year is a proportion of the period applicable under paragraph (2) equal to the proportion of that leave year remaining on the date on which his employment begins.

• (6) Leave to which a worker is entitled under this regulation may be taken in instalments, but it may not be replaced by a payment in lieu except where—

• (a) the worker’s employment is terminated; or

• (b) the leave is an entitlement that arises under paragraph (2)(a), (b) or (c); or

• (c) the leave is an entitlement to 0.8 weeks that arises under paragraph (2)(d) in respect of that part of the leave year which would have elapsed before 1st April 2009.

• (7) A relevant agreement may provide for any leave to which a worker is entitled under this regulation to be carried forward into the leave year immediately following the leave year in respect of which it is due.

• (7A) Where, as a result of taking a period of statutory leave in any leave year, a worker is unable to take some or all of the annual leave to which the worker is entitled in that leave year under this regulation, the worker is entitled to carry forward such untaken leave into the following leave year.

• (8) This regulation does not apply to workers to whom the Agricultural Wages (Scotland) Act 1949 applies (as that Act had effect on 1 July 1999).

Compensation related to entitlement to leave

Dates on which leave is taken

Leave during the first year of employment

Payment in respect of periods of leave

Entitlements under other provisions

Entitlement to additional annual leave under a relevant agreement

26A

• (1) Regulation 13A does not apply in relation to a worker whose employer, as at 1st October 2007 and by virtue of a relevant agreement, provides each worker employed by him with an annual leave entitlement of 1.6 weeks or 8 days (whichever is the lesser) in addition to each worker’s entitlement under regulation 13, provided that such additional annual leave—

• (a) may not be replaced by a payment in lieu except in relation to a worker whose employment is terminated;

• (b) may not be carried forward into a leave year other than that which immediately follows the leave year in respect of which the leave is due; and

• (c) is leave for which the worker is entitled to be paid at not less than the rate of a week’s pay in respect of each week of leave, calculated in accordance with sections 221 to 224 of the 1996 Act, modified such that—

• (i) references to the employee are references to the worker;

• (ii) references to the employee’s contract of employment are references to the worker’s contract;

• (iii) the calculation date is the first day of the period of leave in question; and

• (iv) the references to sections 227 and 228 do not apply.

• (2) Notwithstanding paragraph (1), any additional annual leave in excess of 1.6 weeks or 8 days (whichever is the lesser) to which a worker is entitled, shall not be subject to the conditions of that paragraph.

• (3) This regulation shall cease to apply to a worker from the day when an employer ceases to provide additional annual leave in accordance with the conditions in paragraph (1).

• (4) This regulation does not apply to workers to whom the Agricultural Wages (Scotland) Act 1949 applies (as that Act had effect on 1 July 1999).

Young workers:force majeure

Other exceptions relating to young workers

SCHEDULE2A — Doctors in training