Hampshire Fire and Rescue Authority

Error! Bookmark not defined.Human Resources Committee Item 8

15/03/200520 April 2005

Error! Bookmark not defined.Working Time Regulations

Report by the Chief Officer

Contact: Jennifer McNeill, Head of Human Resources (Tel: 023 8064 4000) (Email:  [email protected])

1

Summary

The Working Time Regulations were introduced in the UK in 1998 in response to the European Working Time Directive. The Regulations are designed to ensure the health, safety and welfare of employees is maintained as regards working hours and patterns. A considerable amount of work has now been carried out by the Service to collect relevant information regarding working hours from all our employees over a defined 4 week reference period. The purpose of this is to identify individuals or groups of workers who are potentially at risk due to the hours worked, where HRFS is the primary or secondary employer. This information, once collated and analysed, will inform management decisions as regards policies, procedures, working patterns and training needs.

2

RecommendationError! Bookmark not defined.

That the Committee notes and endorses the actions taken to date to achieve compliance with the WTR

3

Introduction Error! Bookmark not defined.and Background

3.1

The Working Time Regulations (WTR) came into force in 1998. They limit the maximum working time of a worker and confer other rights including the length of night work and rest periods. As a local authority, we are required to keep adequate records of hours worked to ensure they do not exceed 48 hours, unless an opt-out agreement is reached with individuals. This is also relevant where we are the secondary employer, which is particularly pertinent for staff conditioned to the retained duty system.

3.2

The Regulations are extensive, complex and are open to considerable interpretation. The long-awaited guidance received from the Office of the Deputy Prime Minister (ODPM) in April 2004 confirmed that each Fire and Rescue Service(FRS) is responsible for making its own assessment of the impact of the WTR on its own workers and taking action accordingly. There are common issues arising from the provision of a fire and rescue service and these have been identified in the ODPM Guidance.

3.3

Following receipt of guidance from the ODPM regarding the implementation of the Regulations in fire services in April 2004, a joint working group, including all representative bodies, was established to consider the way in which the Regulations needed to be applied in HFRS.

4

Working Time Regulations

4.1

Key areas regarding compliance with the WTR are:

· The average working week

· Secondary employment

· Option to `Opt Out' - both primary and secondary employer

· Record keeping

4.2

The average working week is calculated over a reference period - normally 17 weeks to ensure that overall, a 48 hour average week is not exceeded. Where a worker works for two or more employers, each employer should make reasonable enquiries to determine the number of hours the worker does in total in a 7 day period. This duty lies equally with each employer.

4.3

Employees who may fall within the scope of the WTR in that they may exceed an average 48 hour week, either in their primary employment or where they have multiple contracts with the same employer, or has a contract with another employer (whether primary or secondary), may choose to opt out. The opt out only applies to the weekly working limit, it does not alter restrictions in other areas, such as night work. Workers choosing to opt out will be required to sign an opt out form accordingly. To ensure compliance with the law, where more than one employer is involved, the opt out agreement has to be agreed between the worker and each of the employers individually.

4.4

As an employer, we are required to keep adequate records on a range of areas including hours worked, employees who have elected to opt out etc.

5

Progress to Date Within HFRS

5.1

The impact of these Regulations on the Service was identified as a key task for the HR function. The HR Timeline 2004/05, Work Life Balance, ensured this was planned for in our activities this year. Despite the delay in receiving the Guidance from the ODPM, a significant amount of work was undertaken by the HR team working jointly with Health and Safety, other managers, our trade unions, and having taken advice from the Health and Safety Executive. We also developed links with other organisations, for example British Airport Authorities who are the primary employer of a number of our retained firefighters.

5.2

Regular meetings were held with the working group to establish a jointly agreed way forward to ensure practical compliance with the legislation that would be as simple as possible to administer and taking a common sense approach, as far as possible, to the issues. This has been an excellent example of partnership working between the Service and our unions.

5.3

Further important considerations were a strategy for communications and the facility for on-going record keeping and monitoring to produce, update and action information received in a timely and relevant way. Progress is reported to the Service's Health and Safety Committee.

5.4

As regards the status of our employees and their working time, it would have been inappropriate for us to make assumptions about working time for any of our employee groups, particularly where they have more than one contract of employment. It was therefore incumbent on us to collect relevant data, update our policy to reflect best practice, and provide further health and safety advice and support to individuals or groups where necessary. We also needed to inform our employees of their own obligations under the WTR.

5.5

Contact was made with the HSE, who gave their support to the proposed approach to be implemented in HFRS.

5.6

The first step in the implementation process in HFRS was a study of the working hours of all employees. A letter went to all our employees in January 2005, signed by the Head of Human Resources and our trade unions. This, and a supporting leaflet, explained the background of the WTR, the responsibilities of HFRS as an employer, and of our employees to provide this information regarding hours worked and pattern of working. A self-assessment form was included focusing on a 4 week reference period, 1 - 28 February 2005. All employees were required to show their total hours worked, both within and outside HFRS, and return this self assessment form during March 2005. Employees were informed of their right to opt out of the 48 hour maximum working week and those who chose to opt out were not required to complete the self assessment form.

6

Next Steps

6.1

The data now received is currently being recorded on a database and will be analysed and conclusions drawn. Particular attention will be given to the identification of any areas of `high risk'. This information will then form the basis to identify actions, including the development of policies, procedures, guidance notes and training and will involve relevant managers and Health and Safety. It is too early at this stage to identify the implications in more detail. On completion of the data analysis process and the subsequent identification of key issues, a further report will be provided to the Human Resources Committee.

6.2

A list of those employees who have elected to opt out of the maximum working week will be compiled in accordance with the Regulations.

7

Risk Analysis

7.1

Compliance with primary legislation is a requirement on all employers and our actions to achieve this reduces our vulnerability both as an employer and as a provider of services to our community.

7.2

Although not specifically registered on the corporate risk register, non-compliance with a legal requirement would place us at risk as regards a potential challenge from the Health and Safety Executive (HSE). Our risks are currently mitigated to some extent through the discussions we have been having with the HSE and their advice and guidance on the actions we are currently following. The outcome of our monitoring exercise will identify individuals or groups potentially at risk and this will be recorded on our risk register as appropriate together with any control measures.

8

Resource/Financial Implications

8.1

Human Resources

The administration of the WTR information gathered and the on-going monitoring and reporting will remain part of the HR function. Identified actions, including the development of policies, procedures, guidance notes and training will involve relevant managers and the Health and Safety team. It is too early at this stage to identify the implications in more detail.

A temporary database assistant has been employed to input the volume of information gathered. This has been funded from existing under-spend on salaries in the HR department due to a temporary vacancy.

8.2

Physical Resources

A database system to record and monitor records was developed specifically for this purpose.

8.3

Financial Resources

Any additional financial implications have not yet been identified, however, much of the work undertaken was contained within the HR function and was included in the HR Timeline 2004/05 Work Life Balance.

9

Consultation

9.1

Full consultation has taken place at every stage with our trade unions, working jointly with Health and Safety professionals as part of the working group with the HR function.

Background Information (Section 100D of Local Government Act 1972)

The following documents disclose the facts or matters on which this report, or an important part of it, is based and has been relied upon to a material extent in the preparation of the report:

None

Note: The list excludes: (1) published works; and (2) documents that disclose exempt or confidential information defined in the Act.