Working Time Regulations framework and maximum hours
5OS01 – Specialist employment law
This CIPD Level 5 video on the Working Time Regulations framework and maximum hours forms part of 5OS01 Specialist Employment Law, addressing assessment criteria AC 4.1 on statutory rights in leave and working time. The video examines key provisions within the Working Time Regulations, including maximum working hours, mandatory rest periods, and annual leave entitlements, alongside guidance on calculating pay during leave and understanding reference periods. You'll also explore protections for night workers, provisions for young adults, and how relevant case law shapes organisational compliance. By completing this learning resource, you'll gain the expertise needed to advise employers and employees on working time obligations and statutory remedies.
What this video covers
The Working Time Regulations 1998 sit at the centre of this video, which addresses Assessment Criterion 4.1 of Unit 5OS01 by examining the statutory framework governing hours of work in UK workplaces. The video covers who falls within the scope of the Regulations, making clear that the legislation extends beyond employees to a broader category of workers — including agency workers, casual workers and those engaged on zero-hours contracts — and explains why the health and safety rationale underpinning the Regulations drives that wider reach.
The 48-hour maximum working week is examined in detail, including how it is calculated as an average across a reference period rather than as a fixed weekly ceiling. The video addresses the standard 17-week reference period alongside the circumstances in which a longer period of up to 52 weeks may apply through collective agreements. It also covers how to determine what constitutes working time for calculation purposes — distinguishing time that counts, such as required training and on-site standby, from time that does not, such as voluntary training or genuine rest breaks free from duties. The opt-out from the 48-hour limit is covered in full, including the requirement for it to be voluntary and in writing, the notice period workers must be given to withdraw from it, and the prohibition on subjecting workers to any detriment for declining to sign.
The video also examines the relationship between the opt-out and the Regulations' remaining protections, making clear that disapplying the 48-hour average does not remove obligations around rest or the employer's general duty of care. Practical record-keeping considerations are discussed in the context of rolling reference periods, including how periods of annual leave, sick leave and maternity leave are treated when calculating the average — a point that carries particular weight for organisations managing variable-hours workers within a compliant monitoring system.
Assessment Criteria 4.1
Explain the major statutory rights in leave and working time.
Indicative Content
The working time legislation and minimum annual leave entitlements, for example Working Time Regulations; provisions that relate to maximum working hours, in- work rest periods, rest period between periods of work, annual leave; how to calculate pay when on annual leave; how to calculate working time for pay purposes; reference periods, provisions for night workers; sickness (short and long term); differences for young adults; remedies; relevant cases.
What You'll Learn
Video covering: Working Time Regulations framework and maximum hours
About 5OS01 – Specialist employment law
This unit considers key areas of employment legislation and its legal framework, focusing on how people professionals are obliged to take account of legal requirements in different jurisdictions when carrying out the varied aspects of their role.
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