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Working Hours

We are a private hire company who have drivers who are self employed and hold a PSV licence. What are the maximum hours driving per week and what are their legal entitlements to rest breaks?

A working week has to be from Monday to Sunday.  Maximum driving time of 90 hours in any consecutive two weeks.  For example maximum in one week is 56 hrs so in week two limit would be 34 hours.  Any two week period can be looked at so it could be that this week 48 hours driving was undertaken so next week the maximum would be 42 hours.
 
Breaks:  For every 4.5 hours of driving a 45 min break is required to be taken and must be split into 2 periods.  For example: 1st break is 30 mins then 2nd break has to be 15 mins or vice versa.
 
Weekly rest:  A weekly rest of 45 hours is required to be taken.  This doesn't have to be taken at a weekend but has to be taken as a block time of 45 hours.


From undertaking our regular spot checks on staff timesheets, it has been brought to my attention that one of our staff members has been working in excess of the maximum working days per month. This particular staff member has worked on occasion at a weekend and has been absent following the weekend due to sickness, we are certain the hours worked are a contributing factor to the absence period. Can you confirm what the Working Time Directive (WTD) states?

As a business you have a responsibility to ensure that all employees are provided with suitable rest breaks from work. There are times during working life that there are pressures of meeting deadlines but where weekend working is required, you have to ensure that employees are compensated where appropriate and at least one day per week break is taken.

You have to comply with legislation of the Working Time Directive which states: A worker's working time must not exceed 48 hours per week on average, including overtime, unless the worker has opted out of the Working Time Directive.

Workers must have a daily rest period of at least 11 consecutive hours in each 24 hour period.

HCS would advise that you monitor working hours over a 17 week period to ascertain an average of the hours per week that your member of staff is working, you may find that over the 17 week period that the maximum 48 hours is not being reached. However, if the staff member is exceeding the 48 hours then they may wish to consider opting out of the WTD as an option to overcome this situation. Otherwise, you are in risk of breaching the WTD and would have to review working hours.


We are organising some team-building exercises that will take place over the weekend. Most staff are happy to attend but a few have refused to take part. How do I make attendance compulsory and, secondly, should I put this in employee contracts?

Unfortunately you have no right to insist on staff attending company events outside their normal working hours unless this is in their contracts.  If you have a contractual term allowing you to order staff to turn up outside normal hours, you will still be obliged to apply that term reasonably. 

You have not indicated whether you are allowing staff time off in lieu of paying them for extra hours.  The request becomes more reasonable if you compensate your staff.  In addition you must make sure you are not making staff work beyond an average of 48 hours a week (unless thay have opted out) when you include the time spent on these exercises and that they are entitled to under the Working Time Regulations. 

Bear in mind that your staff may have legitimate reasons for not attending weekend sessions.  They may have problems with childcare, medical treatment or religionthat may mean they cannot work at the weekend. 

The purpose of team building exercises is to improve morale and group working.  These are rarely successful when people are forced to take part and sap morale if the company is seen to be riding roughshod over individuals'needs.