Staff focus - working on regulations and hours | Trainer Magazine | European Trainer Article Index

Dec 31

Dec 31 Staff focus - working on regulations and hours

Staff & Education

The demand for increased fixtures may be healthy for the industry and attract more horses in training, but the extra hours they entail pose a headache for trainers and staff, as strict regulations on the arrangement of working hours must be adhered to. It is now more important than ever to keep stringent records of every employee’s working hours, including breaks, and ensure maximum hours are not exceeded. WORDS: LISSA OLIVER PHOTOS: SHUTTERSTOCK, CAROLINE NORRIS ENIOR staff members may also have children or other family commitments, such as elderly dependents, requiring more attention than in the past. School performances, sports activities, parent-teacher afternoons, and unexpected emergencies could lead to requests for time off. It is no longer enough to ensure adequate pay and working conditions; planning for the rotation of staff and allowing workers a reasonable amount of time off must also be considered. It is of help, therefore, to know the legal requirements and rights of employees working within the EU. Rest breaks Every employee has a right to a rest break of 15 minutes when more than four-anda-half hours have been worked, and 30 minutes when more than six hours have been worked, including the first break. All employees also have a right to 11 hours daily rest per 24-hour period. This means that a 10pm finish cannot be followed by a 6am start, for example. For those starting their morning at 7am, they should not finish later than 8pm the preceding night. In addition, employees must have one 24-hour rest period (preceded by an 11-hour rest) in every week. Exemptions can be sought with regard to seasonal, shift work, and exceptional or unforeseen circumstances, but the equivalent compensatory rest must be taken within a ‘reasonable period’ of time. EU arrangement of working hours The Working Time Directive, or Working Time Regulations, states that an employee cannot work more than 48 hours a week on average, usually averaged over a 17- week period. Different laws apply to staff under the age of 18, who cannot work more than eight hours a day or 40 hours a week. Remember that working hours include time spent travelling, if employees travel as part of their job. The Organisation of Working Time Act allows for the maximum weekly working hours to generally be averaged over four months, but where work is seasonal or there is a foreseeable surge in activity this can be extended to six months. As an example, an employee must not under any circumstances have exceeded 1,152 hours at the end of a six-month period, even if this results in full pay for time off to achieve this. A Collective Agreement between all employees and the employer, to average weekly hours over a 12-month period, can be sought and must be approved by the Labour Court. Flexible hours Having a flexible start and finish time may often be of help to employee and employer, particularly those employees who are parents or carers. All employees have the legal right to request flexible working, which is known as ‘making a statutory application,’ but they must have worked for the same employer for at least 26 weeks to be eligible. The employer is not obliged to agree to flexible hours but must deal with requests in a ‘reasonable manner’ by assessing the advantages and disadvantages of the application, holding a meeting to discuss the request with the employee, and offering an appeal process should they decide against the request. Bear in mind that if an employer doesn’t handle a request in a reasonable manner, the employee can take them to an employment tribunal. Annualised hours can be offered as an alternative to flexible hours, whereby the employee has to work a certain number of hours over the year, but may have some flexibility about when they work. There are particular ‘core hours’ which the employee regularly works each week, and the remainder of their hours are flexible or called for when there is extra demand at work. Compressed hours offer a further option, working the agreed weekly hours over fewer days. Opting out It is possible for an employee over the age of 18, to opt out of the legal maximum hours and choose to work more than 48 hours a week on average. An employer can ask a member of staff to opt out, but that employee cannot be sacked or treated unfairly for refusing to do so. Opting out can be for a certain period or indefinitely, but it must be voluntary and in writing. The opt-out agreement can be cancelled by an employee at any time, even if it’s part of the employment contract, but the employer must be given a minimum seven-day notice. The employer, however, cannot force a staff member to cancel the opt-out agreement. Family emergencies and compassionate leave Employees are allowed a ‘reasonable amount of time’ off to deal with an emergency involving a dependant. This could be a spouse, partner, child, grandchild, parent, or someone who is dependent on the employee for care, but cannot involve anything other than unforeseeable emergencies. A pre-arranged hospital appointment, for example, would not qualify. An employee may be asked to take annual leave or Parental Leave if they need to look after the dependent for longer, but there are no limits as to how often time off may be sought. The employer is under no obligation to pay their employee for the time off, which may be taken as unpaid leave. Parental leave Eligible employees (employed for more than one year and not a foster parent) can also take unpaid Parental Leave to look after their child’s welfare, which may simply be to spend more time with their children, to look at new schools, to settle a child into new childcare arrangements, or to spend more time with family, such as visiting relations. All employment rights, like the right to pay, holidays, and returning to a job, are protected during Parental Leave. An employee is entitled to a total of 18 weeks’ unpaid leave for each child and adopted child under 18, but the limit on how much Parental Leave each parent can take in a single year is four weeks for each child, unless the employer agrees otherwise. Leave taken with a previous employer is therefore deducted from the leave available, until over a number of years the 18 weeks may have been used. Parental Leave must be taken as a whole week, rather than individual days. “All employees also have a right to 11 hours daily rest per 24-hour period. This means that a 10pm finish cannot be followed by a 6am start, for example ”

CLICK ON THE IMAGE ABOVE TO READ ONLINE

First published in European Trainer issue 56 - January '17 - March '17

Dec 31 Acting up - the psychology of why horses can act up before a race

Dec 31 The new weight for age scale - why the changes?