The Working Time Regulations 1998

Other special cases E+W+S

21.  Subject to regulation 24, regulations 6(1), (2) and (7), 10(1), 11(1) and (2) and 12(1) do not apply in relation to a worker—

(a) where the worker’s activities are such that his place of work and place of residence are distant from one another [F1 , including cases where the worker is employed in offshore work,] or his different places of work are distant from one another;

(b) where the worker is engaged in security and surveillance activities requiring a permanent presence in order to protect property and persons, as may be the case for security guards and caretakers or security firms;

(c) where the worker’s activities involve the need for continuity of service or production, as may be the case in relation to—

(i) services relating to the reception, treatment or care provided by hospitals or similar establishments [F2 (including the activities of doctors in training)], residential institutions and prisons;

(ii) work at docks or airports;

(iii) press, radio, television, cinematographic production, postal and telecommunications services and civil protection services;

(iv) gas, water and electricity production, transmission and distribution, household refuse collection and incineration;

(v) industries in which work cannot be interrupted on technical grounds;

(vi) research and development activities;

(vii) agriculture;

[F3 (viii) the carriage of passengers on regular urban transport services;]

(d) where there is a foreseeable surge of activity, as may be the case in relation to—

(i) agriculture;

(ii) tourism; and

(iii) postal services;

(e) where the worker’s activities are affected by—

(i) an occurrence due to unusual and unforeseeable circumstances, beyond the control of the worker’s employer;

(ii) exceptional events, the consequences of which could not have been avoided despite the exercise of all due care by the employer; or

(iii) an accident or the imminent risk of an accident;

[F4 (f) where the worker works in railway transport and—

(i) his activities are intermittent;

(ii) he spends his working time on board trains; or

(iii) his activities are linked to transport timetables and to ensuring the continuity and regularity of traffic.]

Textual Amendments

F1 Words in reg. 21(a) inserted (1.8.2003) by The Working Time (Amendment) Regulations 2003 (S.I. 2003/1684), regs. 1, 5(a)

F2 Words in reg. 21(c)(i) inserted (1.8.2003) by The Working Time (Amendment) Regulations 2003 (S.I. 2003/1684), regs. 1, 5(b)

F3 Reg. 21(c)(viii) added (1.8.2003) by The Working Time (Amendment) Regulations 2003 (S.I. 2003/1684), regs. 1, 5(c)

F4 Reg. 21(f) added (1.8.2003) by The Working Time (Amendment) Regulations 2003 (S.I. 2003/1684), regs. 1, 5(d)

Modifications etc. (not altering text)

C1 Reg. 21 applied (1.4.2024) by The Agricultural Wages (Wales) Order 2024 (S.I. 2024/390), arts. 1, 28-30