Many nurseries are now offering a longer day in order to accommodate the needs of parents, and for some this can mean being open from 7am to 7pm. To ensure you are not breaking the law when it comes to the hours your staff work, you need to comply with the Working Time Regulations (1998). For younger workers (under 18), hours must be limited to no more than eight hours per day and 40 hours per week.
Employees cannot be forced to work more than 48 hours a week on average. The regulations do not prevent employees from working more than 48 hours in a given week, provided average working hours do not exceed this limit.
Only time spent by an employee carrying out their normal duties (or relevant training) will be counted as working time under the regulations. Working time will not include time spent on lunch breaks or other rest breaks, time spent travelling to and from work, or work undertaken at home.
Adult employees are entitled to a rest break of 20 minutes when their daily working time is more than six hours. Young workers are entitled to a rest break of at least 30 minutes when their daily working time is more than 4.5 hours.
Rest breaks must be uninterrupted and employees are entitled to spend rest breaks away from their workplace. Rest breaks must not be taken at the start or end of a working day. The regulations do not provide a right to payment during rest breaks.
Daily and weekly rest periods
Adult employees are entitled to a daily rest period of 11 consecutive hours between each working day and to an uninterrupted weekly rest period of 24 hours in each seven-day period.
The weekly rest period may be averaged over a 14-day period, with the employee entitled to two uninterrupted periods of rest of at least 24 hours, or one uninterrupted rest period of not less than 48 hours in each 14 day period.
Young workers are entitled to a daily rest period of 12 consecutive hours between each working day and to an uninterrupted weekly rest period of 48 hours in each seven-day period.
The weekly rest period may not be averaged for young workers.
The daily and weekly rest periods for a young worker may be interrupted if the employee's work activities involve periods of work split up over the day or of short duration.
If an employee believes that they are not receiving the relevant breaks and rest periods, they can make a claim at an Employment Tribunal. Don't get caught out - make sure your employees have their breaks.
Jacqui Mann is managing director of HR4Nurseries www.hr4nurseries.co.uk
