Working Time Regulations: enforcement

The Health and Safety Executive (HSE) and local environmental health units monitor the implementation of the Working Time Regulations by employers. (There are certain exceptions such as the aviation industry.) Employment tribunals will hear cases brought by individual workers who claim that their rights have been infringed. It is automatically unfair to dismiss a worker for refusing to agree to an opt-out, or for refusing to comply with a requirement which the employer imposes and which is against the regulations.

These rights apply irrespective of length of service and would make the worker eligible for not just the basic compensatory award at the tribunal, but also the higher special awards. In addition, the HSE could bring proceedings against an employer who breaches the regulations, which could result in convictions and fines.