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Working Time Directives.

The Working Time Directive came into force on the 1st October 1998. It is a law made by the European Union and applies to employment law in the UK.

The law applies to full-time, part-time and casual workers as long as they have been in the particular job for 13 weeks. It does not apply to certain workers such as, road, sea, rail and air transport workers and trainee doctors, members of the armed forces, the police and the self-employed.

Employers must not allow employees to work more than 48 hours a week (averaged over a seventeen week period) unless the employees have agreed in writing to do so.

With effect from November 1999 employees are entitled to a minimum of four weeks' paid holiday per year.

Workers 18 and over will have a right to a 20 minute break where the working day is longer than six hours, in addition a rest period of 11 consecutive hours between each working day and a separate 24 hour rest period in each 7 days.

For night-workers the average daily hours of work will be 8, averaged over a 17-week period. Night-workers will be entitled to free regular health assessments to ensure they are fit for night work.

Different rules apply to workers over 16, but under 18. For example, if they work from 10 PM to 6am workers are entitled to health assessments. They are entitled to 12 hours rest in each 24-hour period worked and 30 minute breaks if they have worked more than 4.5 hours.

Dismissal or selection for redundancy of an employee for refusing to work in excess of 48 hours or during an entitled break period would be treated as Unfair Dismissal.

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Dismissal for out-of-hours activities:
In the November case of Pay v Lancashire Probation Service (Times, 27 November 2003 EAT) Mr Pay was a probation officer who in his spare time performed shows at 'hedonist and fetish clubs' and sold various bondage products through the internet.
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