Working Hours Policy

Contents

• Introduction
• UCL Working Hours
• Working Time Regulations
• Hours of Work
• Secondary Appointments
• UCL as the Primary Employer
• UCL as the Secondary Employer
• Impact of excessive hours
• Appendix 1: Opt-Out Agreement Form

This policy incorporates UCL’s approach to the Working Time Regulations. 

Introduction

1. UCL has a responsibility to provide a safe working environment for its staff. This includes taking all reasonable steps to ensure that staff do not work excessive hours in accordance with the maximum weekly hours limit set out in the Working Time Regulations 1998.

2. UCL staff also have a responsibility to work safely and not to endanger themselves or others by working excessive hours or by failing to take adequate rest periods.

UCL Working Hours

3. Full-time Research, Teaching and Professional Services Staff from Grades 1 to 9 are contracted to work 36.5 hours per week (excluding breaks).

4. For all Grade 10 staff and those on Academic contracts, full time working hours are a notional 36.5 hours, but these staff are expected to work such hours as are reasonably necessary to fulfil their duties and responsibilities.

5. Full-time consultant clinical academic staff work 10 Programmed Activities, which equates to 40 hours per week, and may separately contract to undertake up to two additional Programmed Activities of 4 hours each.

6. Specific start and finish times are determined by the line manager and/or department, where applicable.

Working Time Regulations 

UCL’s obligations under the Working Time Regulations are as follows:

7. Workers who fall within the scope of the Working Time Regulations will not be required to work more than an average of 48 hours per week unless their role requires it, and they give their formal agreement. Hiring and Line Managers must request that workers sign an opt out form if their average working hours exceed 48 hours because of the nature of their role. Calculation of the "average" hours per week is normally over a 17-week period. Where a member of staff has more than one employer, their average working hours include all the hours worked across their roles. Should a worker who works more than 48 hours per week be unwilling to sign an opt-out form, advice should be sought from the HR Business Partner.

8. Regulation 20 of the Working Time Regulations excludes certain categories of worker who have no fixed hours of work from specific aspects of the Regulations, including the requirement not to work more than an average of 48 hours per week as set out in paragraph 7 above. Staff at Grade 10 and those on an Academic contract may fall within this exemption. Line managers can seek advice from their HR Business Partner if they are unsure whether a member of staff falls within the Regulation 20 exemption.

9. Where UCL staff also work in the NHS, it is recognised that they may work additional hours with their relevant NHS employer in addition to their UCL role. In these cases, the staff member is responsible for notifying their Line Manager if their average weekly hours exceed 48 hours per week in line with paragraph 7 of this policy and they may be required to complete an opt out form if applicable.

10. To provide the opportunity for appropriate rest breaks. The statutory unpaid rest break of a minimum of 20 consecutive minutes is to be taken during any periods of work that are six consecutive hours or more, however UCL’s approach is for staff to take a minimum of a 30-minute break.  Full-time staff will usually take a one-hour lunch break.

11. To provide the statutory annual leave entitlement of 28 days paid holiday each year (which may include bank holidays). UCL provides an enhancement to the statutory entitlement, of 27 days (197.10 hours) annual leave PLUS the statutory 8 bank holidays and 6 UCL closure days, (pro-rated for part-time staff).

12. To provide the opportunity for staff to take a rest period of at least 11 hours in any 24-hour period, and of at least 24 consecutive hours in each seven-day period. It is not possible to opt out of this arrangement.

13. There are separate provisions for night workers to take the appropriate training, rest periods, limitations on their hours of work and free health checks.

Hours of Work

14. Unless an operational requirement of the job, managers must ensure that contractual weekly hours of work do not exceed 48 hours. This includes where a staff member has multiple assignments at UCL.

Secondary Appointments 

UCL as the Primary Employer

15. Where a current UCL worker wishes to take on a second job at UCL (either directly or via an agency) the hiring manager for the second job must ensure that they do not offer hours which would take the worker over 48 hours in total and must ensure that there is no conflict or crossover of working hours with the member of staff’s primary UCL role.

Please note London Allowance is payable to 1 FTE only (i.e. 36.5 hours only and pro rata for part time workers). Any additional hours worked over 36.5 hours, including over multiple assignments, do not qualify for additional London Allowance payments.

16. If a UCL staff member takes on a secondary role outside of UCL they should inform their UCL line manager, who will ensure that there is no crossover of working hours and that it is clear when the individual undertakes work for UCL and when they undertake work elsewhere.

17. The UCL line manager should also determine whether it is necessary for the member of staff to opt out of the 48-hour week, and if so, the staff member must complete an opt out form. An opt out form is not necessary if:

• The total number of hours worked across all roles does not exceed 48 hours per week, and/or
• The staff member is exempt as they fall within Regulation 20 (Unmeasured Working Time) of the Working Time Regulations and/or
• The hours worked in relation to the secondary role/s, do not count towards the 48-hour limit (for example some outside Directorship positions)

The line manager can seek advice from their HR Business Partner if they are unsure whether an opt out form is required.

18. It will also be necessary to determine whether a conflict of interest exists – or could be perceived to exist – between the member of staff’s obligations to UCL and the duties arising from the secondary role/s. In accordance with UCL's Disclosure of Conflict and Declaration of Interest Policy, it is the staff member’s responsibility to recognise such conflicts and disclose these to their Head of Department. The staff member and Head of Department must then agree a plan to mitigate or remove the conflict, in accordance with the policy.

Should the line manager have concerns about a potential conflict of interest, they should seek advice from the relevant Head of Department and HR Business Partner. Further advice can also be obtained from Innovation & Enterprise via disclosureconflicts@ucl.ac.uk 

UCL as the Secondary Employer

19. If an individual is already employed or engaged elsewhere and wishes to take on a secondary role with UCL, the UCL hiring manager must ensure that they do not offer hours which would take them over 48 hours in total and must use reasonable endeavours to ensure that there is no cross over of working hours with the member of staff’s primary role. 

Impact of excessive hours 

20. Where a staff member is working more than 48 hours, the line manager should monitor any impact on the individual’s wellbeing and performance in their UCL role. Any concerns should be discussed with the HR Business Partner and the staff member at the earliest opportunity. 

Appendix 1: Opt-Out Agreement Form

Opt-Out Agreement Form

Opt-Out Agreement Form

Consent to work more than 48 hours per week on average

By completing and signing this form you:

• Agree that the statutory maximum average working time of 48 hours a week shall not apply to you and that your average working time may therefore exceed 48 hours a week.
• Agree to give and can expect to receive a minimum of 4 weeks’ notice in writing if you/ UCL wish to review this agreement at any time.
• Understand that you are under no obligation to sign this agreement and will not be subjected to any detriment if you choose not to sign it or exercise your right to terminate it.

Main employer:
Job title:
Hours of work:

Secondary employer:
Job title:
Hours of work:

Please see the UCL staff Privacy Notice for information about how UCL uses your data.

THIS FORM SHOULD BE HELD LOCALLY IN THE DEPARTMENT AND SAVED ON EDRM.