The Working Time Regulations (Northern Ireland) 2016

Explanatory Note

(This note is not part of the Regulations)

These Regulations, to the extent they are made under section 2(2) of the European Communities Act 1972 (c. 68), implement Council Directive 2003/88/EC concerning certain aspects of the organisation of working time (O.J. L299, 18.11.2003, p. 9) (which consolidated Council Directive 93/104/EC (O.J. L307, 13.12.93, p. 18) as amended by Council Directive 2000/34/EC (O.J. L195, 01.08.2000, p. 41)) and provisions concerning working time in Council Directive 94/33/EC on the protection of young people at work (O.J. L216, 20.8.94, p. 12). The provisions in the latter Directive which are implemented relate only to adolescents (those who have not attained the age of 18 and are over compulsory school age). These Regulations consolidate and replace the provisions of the Working Time Regulations (Northern Ireland) 1998 and the various Statutory Rules which amended those Regulations from 1998 to 2009.

Regulations 4 to 11 in these Regulations impose obligations on employers, enforceable by the Health and Safety Executive for Northern Ireland and district councils; failure to comply is an offence. The obligations concern the maximum average weekly working time of workers (subject to provision for individual workers to agree that the maximum should not apply to them), the average normal hours of night workers, the provision of health assessments for night workers, and rest breaks to be given to workers engaged in certain kinds of work; employers are also required to keep records of workers' hours of work.

Regulations 12 to 21 confer rights on workers, enforceable by proceedings before industrial tribunals. The rights are to a rest period in every 24 hours during which a worker works for an employer and longer rest periods each week or fortnight, to a rest break in the course of a working day, and to a period of paid annual leave.

Regulation 16 provides an entitlement for additional annual leave and is made under powers contained in Article 15 of the Work and Families (Northern Ireland) Order 2006 (N.I. 16).

Regulations 22 to 35 provide for particular regulations not to apply, either in relation to workers engaged in certain kinds of work or where particular circumstances arise. There is also provision for groups of workers and their employers to agree to modify or exclude the application of particular regulations.

Regulation 44 part implements Council Directive 2008/52/EC (O.J. L136, 24.05.2006, p. 3) on certain aspects of mediation in civil and commercial matters, which applies to cross border disputes, by providing for the extension of limitation periods so that these do not expire during the mediation process.

The remaining regulations make provision in relation to enforcement and remedies, and in respect of agency workers, Crown servants, the police, trainees and agricultural workers.

Regulations 53 and 54 provide for consequential amendments, the revocation of the Working Time Regulations (Northern Ireland) 1998 and the various Statutory Rules which amended those Regulations from 1998 to 2009 and for savings.