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Workers who have not received their proper entitlements under Regulations 10, 11, 12, or 13, may by virtue of Regulation 30 make a claim to an employment tribunal which can in appropriate cases award compensation. All the above extracts have been taken from Part II of the Regulations. Part III is entitled ‘Exceptions’. Regulation 18 lists a number of excluded sectors, including various categories of transport works and doctors in training. Regulation 20 provides that the majority of the regulations do not apply to those who have ‘unmeasured working time’. Significantly this regulation applies to ‘managing executives or other persons with autonomous decision-taking powers’. In addition to this Regulation 21 identifies ‘other special cases’ who are not subject to the full impact of the Regulations. This excepted list includes various categories of workers ‘Where the worker’s activities involve the need for continuity of service or production’, or ‘where there is a foreseeable surge of activity’. The activities in respect of which these exemptions may apply include those who work in communications (press, radio, television cinematographic production, postal and telecommunications services), those who work in public utilities (such as refuse collection) and agriculture. It may be doubted that these Regulations will make any real impact on the work culture of the UK. Individual workers may contract out of the 48 hour maximum working week, and employers may make this contracting out a term of the initial contract of employment. In other cases the work force may collectively agree that the 48 hour maximum will not apply to them. When this entitlement to ‘opt out’ of the Regulations is taken in conjunction with the exclusions and exemptions it appears that the Regulations have little force. It is especially significant that the professions will not be affected. Trainee doctors are expressly excluded and other professional people are likely to be exempted as being employed on contracts where their working time is unmeasured. This is ironical in that it is professional workers who appear to be most subject to stress at work at the present time. Use of employment tribunal in working time cases EMPLOYMENT RIGHTS ACT 1996
DOI link for Workers who have not received their proper entitlements under Regulations 10, 11, 12, or 13, may by virtue of Regulation 30 make a claim to an employment tribunal which can in appropriate cases award compensation. All the above extracts have been taken from Part II of the Regulations. Part III is entitled ‘Exceptions’. Regulation 18 lists a number of excluded sectors, including various categories of transport works and doctors in training. Regulation 20 provides that the majority of the regulations do not apply to those who have ‘unmeasured working time’. Significantly this regulation applies to ‘managing executives or other persons with autonomous decision-taking powers’. In addition to this Regulation 21 identifies ‘other special cases’ who are not subject to the full impact of the Regulations. This excepted list includes various categories of workers ‘Where the worker’s activities involve the need for continuity of service or production’, or ‘where there is a foreseeable surge of activity’. The activities in respect of which these exemptions may apply include those who work in communications (press, radio, television cinematographic production, postal and telecommunications services), those who work in public utilities (such as refuse collection) and agriculture. It may be doubted that these Regulations will make any real impact on the work culture of the UK. Individual workers may contract out of the 48 hour maximum working week, and employers may make this contracting out a term of the initial contract of employment. In other cases the work force may collectively agree that the 48 hour maximum will not apply to them. When this entitlement to ‘opt out’ of the Regulations is taken in conjunction with the exclusions and exemptions it appears that the Regulations have little force. It is especially significant that the professions will not be affected. Trainee doctors are expressly excluded and other professional people are likely to be exempted as being employed on contracts where their working time is unmeasured. This is ironical in that it is professional workers who appear to be most subject to stress at work at the present time. Use of employment tribunal in working time cases EMPLOYMENT RIGHTS ACT 1996
Workers who have not received their proper entitlements under Regulations 10, 11, 12, or 13, may by virtue of Regulation 30 make a claim to an employment tribunal which can in appropriate cases award compensation. All the above extracts have been taken from Part II of the Regulations. Part III is entitled ‘Exceptions’. Regulation 18 lists a number of excluded sectors, including various categories of transport works and doctors in training. Regulation 20 provides that the majority of the regulations do not apply to those who have ‘unmeasured working time’. Significantly this regulation applies to ‘managing executives or other persons with autonomous decision-taking powers’. In addition to this Regulation 21 identifies ‘other special cases’ who are not subject to the full impact of the Regulations. This excepted list includes various categories of workers ‘Where the worker’s activities involve the need for continuity of service or production’, or ‘where there is a foreseeable surge of activity’. The activities in respect of which these exemptions may apply include those who work in communications (press, radio, television cinematographic production, postal and telecommunications services), those who work in public utilities (such as refuse collection) and agriculture. It may be doubted that these Regulations will make any real impact on the work culture of the UK. Individual workers may contract out of the 48 hour maximum working week, and employers may make this contracting out a term of the initial contract of employment. In other cases the work force may collectively agree that the 48 hour maximum will not apply to them. When this entitlement to ‘opt out’ of the Regulations is taken in conjunction with the exclusions and exemptions it appears that the Regulations have little force. It is especially significant that the professions will not be affected. Trainee doctors are expressly excluded and other professional people are likely to be exempted as being employed on contracts where their working time is unmeasured. This is ironical in that it is professional workers who appear to be most subject to stress at work at the present time. Use of employment tribunal in working time cases EMPLOYMENT RIGHTS ACT 1996
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ABSTRACT
All the above extracts have been taken from Part II of the Regulations. Part III is entitled ‘Exceptions’. Regulation 18 lists a number of excluded sectors, including various categories of transport works and doctors in training. Regulation 20 provides that the majority of the regulations do not apply to those who have ‘unmeasured working time’. Significantly this regulation applies to ‘managing executives or other persons with autonomous decisiontaking powers’. In addition to this Regulation 21 identifies ‘other special cases’ who are not subject to the full impact of the Regulations. This excepted list includes various categories of workers ‘Where the worker’s activities involve the need for continuity of service or production’, or ‘where there is a foreseeable surge of activity’. The activities in respect of which these exemptions may apply include those who work in communications (press, radio, television cinematographic production, postal and telecommunications services), those who work in public utilities (such as refuse collection) and agriculture.