How is the WTD enforced?
WTD 2009 is a ‘must do’ change for trusts as it is enshrined in European law and in UK law through the Working Time Regulations (WTR). However, the question often arises, ‘What happens if we don’t implement it?’ This article aims to outline the way the WTR are enforced and the wider potential legal implications of breaching the regulations. There are two main methods of enforcement of the WTR – through the employment tribunals and through the Health and Safety Executive (HSE) in conjunction with the criminal courts. 48 hour limit Employers must take reasonable steps in line with health and safety requirements to ensure that the 48 hour average weekly working hours limit is complied with (Working Time Regulation 4 (1)). They also have a responsibility to keep records of their compliance with the 48 hour limit (Regulation 9). Failure to do either of these would amount to an offence (Regulation 29). HSE inspectors have powers to issue improvement notices and failure to comply with these c
