The UK government is planning to make changes to the requirements for keeping working time records.
In a policy paper published on 9 May 2023, the Department for Business and Trade said it would reform the working time regulations, specifically the requirement for employers to keep accurate records of hours worked.
The proposed change will be made as part of a wider project to cut red tape for businesses, by removing some EU-derived laws post-Brexit.
The government has published a consultation on the retained EU employment law reforms, which is open until 7 July 2023.
What are the current requirements for keeping working time records?
The requirements for keeping working time records in the UK are set out in the Working Time Regulations 1998. These regulations were introduced to implement the European Union’s Working Time Directive (WTD) into UK law. The WTD sets minimum standards for working time, breaks, and rest periods across EU member states.
Under the Working Time Regulations and WTD, employers are legally required to keep ‘adequate’ records of the hours worked by people who have opted-out of the 48-hour working week.
Employers must keep records showing that:
- working time, including overtime, for workers who have not opted out of the 48-hour maximum working week, does not exceed an average of 48 hours for any seven-day period
- young workers’ (under 18 years old) working time does not exceed eight hours per day, or 40 hours per week
- night workers’ normal hours of work do not exceed an average of eight hours in any 24-hour period, or, where the work involves hazards or physical or mental strain, night workers do not work for more than eight hours in any 24-hour period
- no young worker works between 10pm and 6am, or between 11pm and 7am if the contract requires them to work after 10pm
- night workers can take up a free health assessment before commencing night work, and throughout employment as a night worker.
Employers are required to keep these records for at least two years and should be accessible to employees on request.
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Why do employers have to keep these records?
By keeping accurate records, employers can ensure they are meeting the requirements around maximum daily and weekly working hours and minimum rest periods.
There are also practical benefits to employers of keeping working time records, including scheduling.
Who do the requirements apply to?
The requirement applies to most workers, including full-time, part-time, agency, and casual workers, but there are some exemptions for certain industries and professions, including sea and air transport workers who are subject to separate regulations governing working time.
What happens to an employer that does not keep records?
Failure to keep accurate and up-to-date working time records for staff is an offence, and in England and Wales employers could face an unlimited fine. They could also face employment tribunal claims from employees.
What changes to working time records has the UK government proposed?
In its Smarter regulation to grow the economy policy paper published on 9 May 2023, the UK government proposed the removal of “retained EU case law that impose time-consuming and disproportionate requirements on business for working hour records to be kept for almost all members of the workforce”.
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The Department for Business and Trade’s consultation says the government plans to legislate to clarify that businesses
do not have to keep a record of daily working hours of their workers.
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