The Regulations enable you and your employee to enter into an agreement to establish the way in which some of the working time rules apply in the workplace. Provision is made for workforce agreements with the workforce representative, collective agreements which are made with the independent recognised trade unions and written agreements of employment that are legally enforceable agreements entered into between you and your employee.
The main situation in which written agreement between you and your employee can be utilised, is to modify or exclude the limits on weekly working time. If you enter into an agreement with such modifications or exclusions, you must allow your employee wherever possible to an equivalent period of compensatory rest.
If it is not possible in the circumstances to provide the required rest periods, you must safeguard your employee's health and safety by implementing appropriate protection.
In the case of a workforce agreement, the Regulations provide for the following conditions:
For these purposes, the relevant members of the workforce are all the workers employed by a particular employer, excluding any worker whose terms and conditions are provided for, wholly or in part, in a collective agreement.
A particular group is a group of the relevant members of the workforce who undertake a particular function, work at a particular workplace or belong to a particular department or unit within the employer's business.
The requirements relating to the election of representatives of the workforce/group are the following: