Working Hours

October 2019
Where to find things

Introduction.................................................................................................................................................................. 3
1. Who’s this policy for? ......................................................................................................................................... 3
2. What are the Working Time Regulations and the Protection of Young People at Work Regulations? . 3
3. How do I know if I am ‘excluded’ from the 48 hour working week restriction and what does this
mean? .......................................................................................................................................................................... 3
4. What are my contractual hours of work? ........................................................................................................ 3
5. How much availability do I need to provide if I am a flexi worker? ............................................................. 5
6. Do I need to monitor my hours of work and breaks? .................................................................................... 6
7. How is the 48 hour week measured? .............................................................................................................. 6
8. Can I choose to opt out of the regulations? ................................................................................................... 6
9. How do the regulations affect me if I am a night worker? ............................................................................ 7
10. What rest periods am I entitled to? .............................................................................................................. 7
11. LGV Road Transport Directive ..................................................................................................................... 9
12. Rest Breaks for Store Colleagues ............................................................................................................. 10
13. What do the Working Time Regulations say about paid holiday? ........................................................ 11
Related Reading ....................................................................................................................................................... 12
Policy info. ................................................................................................................................................................. 12
Policy owner: ............................................................................................................................................................. 14
Ownership and confidentiality ................................................................................................................................ 14

Internal, Working Hours policy, Version 6.2, Page 2 of 14 – October 2019

Introduction
At Tesco we want to ensure that the hours you work are
reasonable, that you work safely and that you are paid
correctly for all the hours that you work. We want you to
have the choice of working more hours to increase your
earnings if you are hourly paid, but this should be within
some sensible limits. Likewise, if you are not hourly paid,
you may need some guidance on how to manage your
working time so that you have a balance between your
work and home.
We operate in line with the Working Time Regulations
although we have agreements with USDAW to modify and,
in some cases, not apply certain regulations.
This policy is subject to change from time to time so please
ensure you are reading the most up-to-date version.
1. Who’s this policy for?
This policy applies to all colleagues who have a contract of
employment with Tesco in the UK.
If you are self-employed or employed by a contractor of
ours, we are not responsible for making sure you comply
with this policy, however we still encourage you to follow
the principles.
There are EU regulations about working hours for
Transport workers which we will cover later in this policy.
You will be classified as a transport worker if you drive a
large goods vehicle (LGVs) over 3.5 tons. You are not a
transport worker if you are a fork lift truck driver, a dotcom
driver or chauffeur.
Dot Com Drivers are covered by GB Domestic Driving
Rules, these are also covered in this policy.
2. What are the Working Time Regulations
and the Protection of Young People at
Work Regulations?
The Working Time Regulations and the Protection of
Young People at Work Regulations came into effect on 1
October 1998 in order to regulate working hours and
protect the health and safety of workers. The regulations
include the following:
• A restriction of working hours to a maximum of 48
hours per week average over a specified reference
period. (This reference period was increased from the
statutory 17 weeks to 52 weeks by collective
agreement with USDAW).
• Minimum rest break entitlements
• A minimum period of paid annual leave
Internal, Working Hours policy, Version 6.2, Page 3 of 14 – October 2019
• Special protection to night workers
These regulations apply to all workers over minimum
school leaving age (information on school leaving ages can
be found in our Young Workers Policy), there are however
certain workers who are ‘excluded’ from the 48 hour
working week restriction.
3. How do I know if I am ‘excluded’ from the
48 hour working week restriction and
what does this mean?
The regulations exclude certain categories of workers. One
excluded category is workers who are able to manage their
own working hours. Within Tesco, we classify the following
as excluded from the regulations:
• Store, Distribution and Customer Fulfilment Centre
Managers
• Colleagues who are Work Level 3 and above
• Children below school leaving age (if you are a child
your exact hours must have been agreed by the local
authority and a work permit must have been issued to
you) Please note: We do not employ child workers at
Tesco. Child workers are those below the minimum
school leaving age.
4. What are my contractual hours of work?
In our Stores, Offices, and Customer Fulfilment Centre’s
for productivity, health and safety reasons and fairness
colleagues should not be contracted or paid to work longer
than 12 hours or less than 2 hours in one shift.
For all areas of the business excluding our hourly paid
colleagues in distribution, we also have a maximum on site
rule of 16 hours in any day, so regardless of your paid
hours, we would never expect someone to be on site more
than 16 hours (inclusive of unpaid breaks). This applies to
all colleagues including our salary paid managers.
We also do not encourage you to work your contracted
hours over 6 days, however in certain circumstances this
may be appropriate if agreed with your manager.
Our minimum contract at Tesco is 7.5 hours per week, and
no less than 2 hours on any contracted day. Where
colleagues are on a flexible contract, the minimum core
hours would never be lower than 7.5 hours per week, with
any additional hours worked within your agreed availability
window.
Flexible contract colleagues would never be asked to work
fewer than 3 hours in any one shift (the total of core and
any additional hours), nor would they have a standalone
availability window of fewer than three hours.
A standalone availability window is where a colleague has
confirmed hours they are available to work, which are not
connected to a core shift, e.g. where a colleague has no
core hours on a Tuesday, but they have said they are reasonable number of hours to deliver your job role to an
available to work, this standalone availability must be at acceptable level.
least three hours.

Office
Distribution Centres and Customer Fulfilment Centres
If you’re a full-time colleague in the office you will have a
basic working week of 36 hours unless your contract of If you are full time your basic working week will be 36.5
employment states otherwise. An example of the office 36 hours unless your contract states otherwise. If your basic
hour working week is as follows: working week is 36.5 hours, it will normally be averaged
over 5 days, however there may be some limited occasions
Mon 09:00 –17:00 45 mins unpaid break where the hours you work are spread over 6 days.
Tue 09:00 –17:00 45 mins unpaid break
Wed 09:00 –17:00 45 mins unpaid break You may be on an ‘annual hours’ contract which means
Thu 09:00 –17:00 45 mins unpaid break that your annual hours will not be averaged out per week.
Fri 09:00 –16:45 45 mins unpaid break This means that on some occasions you may work for 6
days continuously before taking a rest break. More
We work in a smart way in our Head Offices and this means
information on annualised hours can be found in your site
that you can informally flex your working day around your
agreement if this applies to you.
role, the team and the business needs - this could mean
starting and finishing work at different times on different What other elements are included as working time?
days, changing from week to week, and working in the best
way to meet your objectives, the needs of the team and In this section we cover a number of situations which
your needs as an individual. should be included as part of your paid working time to
comply with the National Minimum wage. In most
Breaks for office colleagues will be applied as follows, situations these activities should take place within your
however an office colleague can request a different break normal working hours, however where this is not possible,
length as shown within the bracketed windows. and you are required to work additional hours, these should
be agreed in advance with your manager. Having
Length of shift Office colleagues
before any break is completed the activity, you should then inform your
deducted manager, so they can ensure that you are paid correctly.
Less than 4 hour shift No break entitlement Where possible you should always clock in and out to
4 – 5 ¾ hour shift 15 min break ensure accurate payment of your wages.
(This will be a minimum of 30
minutes for a young worker Training time
after 4.5 hours).
6 – 7 ¾ hour shift 45 min break Company required training where possible should be
(30 – 60 min break*) completed during your working hours. In exceptional
continuous or split circumstances where you are required to complete training
8 – 8 ¾ hour shift 45 min break
outside of your normal working time, this time does form
(30 – 120 min break*)
continuous or split part of your working hours (for example completing an e-
9 – 11 ¾ hour shift 90 min break learning training module at home). These hours can be
(60 – 120 min break*) taken as a change of shift and deducted from your normal
either continuous or split working shift pattern, or where you have agreed with your
manager in advance, will be paid as overtime.

You should not be expected to complete work-related

Stores training in your own time, without being paid or
appropriately compensated through a shift change. Where
If you’re an hourly paid full time colleague you’ll have a
you are required to travel to complete training, the travel
basic working week of 36.5 hours. You’ll agree your start
time should also be included as working time. Information
and finish times at your interview.
on travel expenses can be found in the travel and expenses
Full time dot com drivers have a basic working week of policy.
between 36.5 and 44 hours, this is agreed during the
Walking time to remote departments
selection process and can be found on your terms and
conditions of employment. Examples of remote departments are our Petrol Filling
Stations and the Click and Collect Pods. In these
The basic working week for full time salary based manager
situations, colleagues are required to clock in/out at the
is 36 hours, Part time managers will agree their contractual
main store and then commute to another building. If you
hours during the recruitment process. As a salary based
are a colleague who works in a remote building the time
colleague managers are required to work a sufficient and
taken to commute to and from the main store/location

Internal, Working Hours policy, Version 6.2, Page 4 of 14 – October 2019

should be included as paid working time. If you work in a
building where a clock machine is provided you are
expected to clock in when you are ready to begin work and
then go straight to your department to complete your
duties.
We have an agreement with USDAW to pay colleagues a
15-minute allowance where they are required to clock
in/out at the main store and then walk over to/back from the
Petrol Filling Station.
Colleague searches
Searches are unplanned, random events which can take
place at any time during a shift or at the end of the shift.
If a search is requested after the end of a shift, this will be
recorded during the search, and you will be paid for this
time.
More information on colleague searches can be found in
the colleague search policy.
Changing time
In most areas of our business colleagues are expected to
arrive at work dressed and ready to work and serve our
customers.
In our bakeries and other food preparation departments
colleagues are required to wear ‘whites’ (the bakers’
protective clothing) or aprons. These items are provided
by the company and should not be taken home. The time
spent at work changing into and out of your bakers whites
and/or aprons should be included as part of your paid
working time.
Company required medicals (Occupational Health)
Where you are required by the company to have a medical,
this time should be included as part of your paid working
hours. More information on company medicals can be
found in the Sickness Absence Policy.
For night worker colleagues, if the company requires you
to have a medical, this should also be treated as paid
working time. As the medical is likely to take place during
the day, you should agree with your manager if this time
will be paid as overtime, or taken from your normal
contracted shift. You should also agree with your manager
any temporary adjustment to your hours of work, to support
you in attending an appointment during the day. You must
ensure that appropriate rest periods are still maintained.
Drivers may be required by the DVLA to complete medicals
as part of the conditions of the driving licence. These
medicals should take place on a non-working shift and are
not included as part of your paid working time. (LGV
Drivers should refer to your relevant site agreement for
further information).
Internal, Working Hours policy, Version 6.2, Page 5 of 14 – October 2019
Travel Time
A colleague’s ordinary commute to work is not considered
as working time.
Where a colleague is required to travel to a different
location, for example to a meeting or training event, the
time spent traveling is classed as working time. This
should be paid or taken as time back within 2 weeks.
Further guidance regarding ‘ordinary commutes’,
especially in relation to remote workers, please see our
Travel and Expenses Policy. The Ordinary Commute is
never classed as working time and therefore is always
unpaid.
Examples of travel that should be included as paid working
time are:
• Where a colleague in the Petrol station travels to
local sites to complete the fuel survey.
• Where a Pharmacy colleague collects
prescriptions from local surgeries.
• Where a colleague travels to a meeting that is
taking place outside of their normal place of work.
5. How much availability do I need to
provide if I am a flexi worker?
If you are a flexible shift worker, availability windows are
agreed between you and your manager during the
recruitment stage or as part of any conversation where you
agree to move to a flexible contract.
Where shifts are allocated within the agreed availability
window, your normal standard breaks will apply for the total
shift length (i.e. core and additional hours). However, if you
wish to change the length of the break, you should speak
to your manager.
For full time flexible colleagues your total weekly hours will
be the same each week, these will be allocated within your
agreed availability window.
When you are allocated shifts within your agreed
availability window, all other working rules regarding
statutory rest periods and young worker rules apply. If you
have any concerns you should speak to your manager.
If you are a Part time flexible colleague you can have core
hours on a Sunday that are worked each week. You would
not however have an availability window or be required to
flex up on Sundays or Bank Holidays.
If you joined on or after 26th January 2009 and there are
insufficient volunteers to work on a bank holiday, you may
be required to work on up to five bank holidays (excluding
Christmas Day, Boxing Day and New Year’s Day) if you are
normally scheduled to work on the day the bank holiday
falls. Store and Office Colleagues in Scotland do not have
to work on 2nd January if they don’t want to.
Full Time colleagues may have availability windows on a
Sunday, where they have opted in to Sunday working.
In our Customer Engagement Centres we have a resilience
team who are able to work from home should there be
technical difficulties on site. These colleagues are exempt
from the normal rules described in this section for flexible
contract workers.
6. Do I need to monitor my hours of work
and breaks?
With the exception of LGV drivers you do not have to keep
an exact record of the hours you work, however, you are
expected to take a sensible approach to both your own
hours and the hours of any colleagues who you manage,
by ensuring that working patterns are not in breach of the
regulations detailed in this policy.
You should ensure that you’re not regularly working over
48 hours per week unless you have ‘opted out’ of the
regulations (for more detail on opting out, please refer to
section 8 below). If your working week is consistently in
breach of the 48 hour maximum limit and you have not
opted out, you must talk to your manager immediately to
find ways of reducing your hours. This will enable us to
monitor your hours more closely to ensure that you are not
in breach of the regulation limits.
Unless we think that, or you tell us that you may be in
breach of the regulations, we will not actively record your
working hours. However, we will keep any records we hold
for at least 2 years.
Please note: In our large stores, some convenience stores,
and our distribution centres our colleagues and managers
are required to clock in and out for all shifts worked, this
enables us to monitor your working hours and ensures that
you are paid correctly.
All LGV Drivers are responsible for keeping a track of their
working hours as descried during your training. LGV
Drivers also cannot Opt Out of the working time directive.
7. How is the 48 hour week measured?
The regulations state that working time must not exceed an
average of 48 hours per week. We measure this average
over 52 weeks from the 1st April to the 31st March in
accordance with our collective agreement with USDAW.
For LGV Drivers this is measured over two specific 26
week periods each year (please ask your transport
manager for the specific dates at your site).
Internal, Working Hours policy, Version 6.2, Page 6 of 14 – October 2019
If you’re a new starter in your first year of employment, we
measure your average over the number of weeks
remaining until 31st March.
Working time includes the following:
• Working time spent at your normal place of work
• Any travel time over and above travelling to your
normal place of work
• On call – time spent responding to calls
• Any work carried out at home provided your manager
is aware and has agreed to this
• If you don’t have a fixed place of work (e.g. most Store
Directors), travel from your home to your first
appointment and travel from your last appointment
back home.
(A full definition of these can be found in section 4 of this
policy)
Working time does not include:
• Breaks of any kind
• Normal time spent travelling to work
• On call – time spent waiting for calls
• Overnight stays in hotels on Tesco business
You need to take a sensible approach to the number of
hours that you work and the hours of any colleagues you
manage. We prefer colleagues not to work in excess of 48
hours per week, but we do understand at certain times of
the year this may not always be possible. If you think your
working patterns may be at risk of breaching the 48-hours
in any week and you have not opted out, you should
contact your manager.
Young Workers
If you are a colleague above school leaving age but under
18, you may not work more than 40 hours in any week.
There is no provision for you to opt-out of the regulations
or average out your hours over 52 weeks. In addition, as a
young worker you can’t work more than eight paid hours on
any day. Detailed information on young workers can be
found in the Young Workers Policy.
Colleagues who work for Tesco and another employer
You must make sure that your combined hours are on
average no more than 48 hours per week. If you think they
are more than this, you should sign an opt-out form.
8. Can I choose to opt out of the
regulations?
Yes you can, unless you are a young worker or an LGV
Driver. Many of our colleagues regularly work overtime,
which takes them over and above the 48 hour average
working week. While we discourage excessive working
hours we accept that you have the right to waive your rights
to the 48 hour limit, provided you sign the opt-out
agreement which confirms you understand the regulation
and agree that it does not apply to you. If you sign an opt-
out, you are only opting out of the 48 hour working week.
You are not opting out of any other parts of the regulations
(for example, minimum breaks).
If you’re a manager, be sensitive about how you approach
colleagues about signing opt-out agreements. Colleagues
must not feel pressurised to sign an opt-out.
If you decide to opt-out it is important that you do not risk
your own or your colleagues’ health or safety by working
excessively long hours. If you elect to opt-out of the 48 hour
limit, we will still impose on you a maximum working week
of 60 hours (inclusive of unpaid breaks). Under no
circumstances are you allowed to work or be on site in
excess of 60 hours per week. (This does not apply to
Distribution Centre colleagues, although we do not
encourage colleagues to be on site in excess of 60 hours).
The 60 hour maximum does not apply to LGV Drivers. LGV
Driver working hours must comply with the rules detailed in
the working time directive and not work over 48 hours
averaged over two specific 26 week periods.
Can I opt back in?
Yes, if you’ve opted out of the 48 hour working week you
can change your mind by completing the ‘Opt-In’ from. We
will make every effort to make this change to your rota
within 4 weeks, in exceptional cases this may take up to 13
weeks where there is a specific business need. This form
can be found on Colleague Help.
If you’re a manager, the maximum working week of 60
hours applies to you too (inclusive of unpaid breaks). We
care about your health and safety and working in excess of
60 hours a week puts you and other people at risk. If you
regularly work more than 60 hours per week you must talk
to your manager and discuss how your working hours can
be managed better.
9. How do the regulations affect me if I am a
night worker?
Night is the period between 11pm and 6am (For LGV
Workers any part of a shift worked between 00:00 to
04:00). There are several additional protections for night
workers, you’ll fall within these protections if you normally
work for 3 hours or more between 11pm and 6am.
While the odd night shift will not make you a night worker,
if you have a regular pattern of working nights (one week
on days followed by one week on nights, for example) then
you will be classed as a night worker. (For LGV drivers any
single shift or part shift worked between 00:00 and 04:00 is
classed as night work).
There are four regulations covering night workers in
addition to the standard regulations:
Internal, Working Hours policy, Version 6.2, Page 7 of 14 – October 2019
1. You’ll work an eight hour nightly shift averaged over a
52 week reference period – This does not apply to LGV
workers.
2. We will keep records of your actual hours worked
3. Any jobs which are especially hazardous, or involve
heavy physical work or particular mental strain will be
restricted to fixed eight hour shifts, and cannot be
averaged out over the 52 week reference period- (This
does not apply to LGV Drivers).
4. You’re entitled to a free yearly health assessment
We’ve agreed with USDAW that the first three regulations
above will not apply to you because the nature of our
business doesn’t require these levels of protection. We do
still have an obligation to keep records of who our night
workers are so it is essential that colleagues be placed on
the right job code and correct payroll department, to ensure
they are easily identifiable. Tachograph Records are kept
for all LGV Drivers.
The fourth regulation still applies, as follows:
Free Health Assessment
If you are a new starter working nights or a colleague
transferring to working nights you’ll have an initial health
assessment. You’re also then entitled to a free health
assessment on an ongoing basis every year.
Please refer to the Night Worker Health Assessment
Process for more detailed information on how to get a
health assessment.
If you are no longer able to work nights, for example due to
a medical condition, we will try to transfer you to a position
on days. Your pay will then change to that of colleagues on
day shifts. If you manage a colleague who is unable to
continue working nights, you must ensure that you consider
the Equality Act. This may involve making some
reasonable adjustments.
Ongoing health assessments are voluntary. If you manage
colleagues who work nights, ensure that they’re aware of
their entitlement to health assessments and how to find the
form.
Young workers (under the age of 18) must not work after
9.45pm, or before 6am.
10. What rest periods am I entitled to?
You’re entitled to breaks while you’re at work, time off
between shifts and days off. We can’t make you work
during any of the statutory rest periods.
The legal minimum rest periods you are entitled to are:
• A minimum break of 20 minutes for every 6 hours
worked, (whilst this is the legal minimum, section 11
explains our company policy for minimum break
 lengths in stores, section 4 explains this for office
based colleagues. Distribution colleagues should refer
to their relevant site agreement/contract).
• A minimum of 1 day off per week or 2 days off over a
two week period.
Due to the nature of the role dotcom drivers must have
a minimum of 1 full day rest per week.
• A minimum of 11 hours uninterrupted rest per day – we
have agreed with USDAW that this may be reduced to
a minimum of 8 hours per day in exceptional
circumstances where there is a business need and
only with the agreement of the colleague.
Compensatory rest must however be given within 4
weeks. Where a colleague works split shifts the 11
hour rest period (8 hours where reduced) must be
taken before a third shift is worked.
• Dotcom drivers must have a minimum of 10 hours rest
between shifts. This cannot be reduced.
Although 8 hours (or 10 hours for Dotcom drivers) rest per
day is the minimum requirement that we have agreed, this
should only be used in exceptional circumstances when all
other options have been considered. An instance where
this might be appropriate would be when there are no other
colleagues available to work the shift.
Being called out & the rest period:
It is possible that on some occasions if you are on standby
that you may get called out to your place of work for an
emergency, break in etc. This is classed as an exceptional
reason for not maintaining the normal rest period. Your
safety and that of the wider public should always take prime
consideration. You should consider using a taxi or other
means of public transport where you feel too tired to drive,
the cost of this can be claimed following our normal Travel
& Expenses Policy. Depending on the time that you are
required to spend at the site, you should try and arrange
alternative cover if you are due to be at work the next day,
if this is not possible, you should speak to your manager
with the aim of working a changed shift pattern to ensure
that you are appropriately rested. In all circumstances
compensatory rest must be taken within four weeks.
Dotcom Drivers
Under the GB Domestic Driving Rules Dotcom drivers are
allowed to drive for a maximum of 10 hours in any 24 hour
period and to work a maximum duty of 11 hours in any 24
hour period. This excludes rest periods and breaks. If, at
any time during your employment with Tesco, you work for
another employer as well as Tesco, it’s important that you
inform your manager so we can make sure you continue to
comply with GB Domestic Driving Rules. (This is a 24 hour
rolling period from the start of any shift, so if your shift
begins at 9am, you should not work more than 11 hours
before 9am the next day).
Internal, Working Hours policy, Version 6.2, Page 8 of 14 – October 2019
The GB Domestic Driving Rules apply where you drive for
more than four hours in any 24 hour rolling period. When
calculating duty time, this is the total of all hours worked in
both driving and non-driving routines. Please note: where
you drive for more than four hours on any day, your shift
lengths for all days of that week must be 11 hours or less.
If a colleague drives for more than four hours (after the
breaks are deducted), and then completes a further 7.5
hours working on checkouts, this would not be compliant
with the 11 hours of duty.
If you are unsure, you should speak to your manager for
further guidance and support.
In Tesco, all Dotcom drivers and multi-skilled drivers are
required to complete our ‘GB Domestic Driving Rules
Employee Declaration’ this confirms:
a) You have no other employment other than your
work with Tesco and that if this changes you will
inform us: or,
b) You work hours with another employer and you
are to provide a list of these hours.
You should be aware, that failing to comply with the GB
Domestic Driving Rules can result in you being personally
fined and prosecuted.
More information on the domestic driving rules can be
found on the gov.uk website.
https://www.gov.uk/drivers-hours/gb-domestic-rules
Chauffeurs
Chauffeurs are exempt from the GB Domestic Driving
Rules unless they are driving a vehicle that is capable of
carrying 12 or more passengers. If you are a chauffeur you
are expected to take a sensible approach to your working
hours to maintain a safe driving standard for your personal
safety, and that of your passengers and other road users.
Whilst Chauffeurs are exempt from GB Domestic Driving
Rules, all other areas of the working time policy must be
followed. This includes; the statutory rest period of 11
hours between shifts, the 48 hour maximum working week.
Chauffeurs should not normally be employed with a third
party employer in addition to their contract of employment
with Tesco.
LGV Drivers in Distribution
Drivers of Large Goods Vehicles (LGV’s) are covered by
EU Driver Hour Regulations as well as the Road Transport
Directive.
All drivers of vehicles over 3.5 tones, including any trailer
fall within the scope of EU Driver Regulations when they
are being driven on public roads. Driver’s actual driving
time is limited on a daily, weekly and fortnightly basis.
LGV Daily Driving time
LGV Drivers cannot normally drive for more than 9 hours,
however, twice in a fixed week (from 00:00hrs on Monday
to 24:00 on the Sunday) you can drive for 10 hours.
LGV Driver breaks
After no more than a total of 4.5 hours of driving a break of
45 minutes must be taken. This can be taken as one 45
minute break or a 15 minute break followed by a 30 minute
break. LGV Driver breaks cannot be taken in any other
format.
A break is any period during which you may not carry out
any driving or other work related activity. It’s time is
intended entirely for recuperation. A break may be taken
in the passenger seat of a moving vehicle, provided no
other work is undertaken.
Driving time includes any off-road where part of the journey
has taken place on a public highway. For example, a driver
driving within the DC before or after their allocated route
will have all the driving included as part of their driving time.
LGV Weekly Driving time
Weekly driving time is measured over a fixed period from
00:00 on a Monday to 24:00hrs on a Sunday. During this
time a driver can:
• Drive a maximum of 6 days
• 4 driving days of 9 hours and
• A maximum of 2 extended driving days up to 10
hours.
The total maximum driving time is 56 hours per week,
however over two rolling weeks there is a maximum of 90
hours.
For example in week one:
4x9hr shifts = 36
+ 2x10hr = 20
The total is 56 hours. This means that in week 2 the
maximum driving time is 34 hours.
Normally a driver can drive for a maximum of 4.5 hours
then take a 45 minute break before continuing to drive for
another 4.5 hours. Completing a maximum of 9 hours
Internal, Working Hours policy, Version 6.2, Page 9 of 14 – October 2019
driving. (This 9 hour maximum can be extended to 10
hours twice a week).
LGV Driver rest periods
In every 24-hour period an LGV driver should have an 11-
hour daily rest period. (This can be reduced to 9 hours, but
no more than 3 times between the 2 weekly rest periods).
LGV Weekly Rest Periods
You must take a weekly rest period after a maximum of 6
consecutive working days. A regular weekly rest period is
at least 45 hours, for example, 2 days off together after
working 6 days. This can be reduced to a minimum of 24
hours every other week. However, you must take
compensatory rest for these reduced hours by the end of
the third week after the reduced rest. This compensatory
rest must be attached to another rest period of at least 9
hours.
In summary: In any two weeks a driver must as a minimum
take two regular weekly rests (45 hours each) or one
regular weekly rest (45 hours) and one reduced rest (24
hours), with the compensatory rest in the next 3 weeks.
Where a colleague is required to travel to another
Distribution Centre which is not their normal place of work.
The travel time to the Centre cannot be included as part of
the rest period.
11. LGV Road Transport Directive
For the Road Transport Directive, the following activities
are included as working time:
• Vehicle checks and defect reporting
• Time spent completing paperwork
• Driving time
• Loading and unloading
• Cleaning and maintenance of the vehicle.
• Any time spent working on other activities, such as
working in the warehouse.
• Any time spent waiting, when the criteria for
‘period of availability’ are met and the driver
chooses to include this as part of their working
time
• either at the transport office or waiting to unload at
a store, where the time is not known in advance.
A driver cannot work in excess of 48 hours, this is
measured over a fixed 26-week reference period.
(The fixed reference period has been agreed in
collective consultation with the Unions for your site)
Goods vehicles over 3.5 tones (including any trailer) must
be fitted with an EU approved Tachograph. All drivers must
use the Tachograph to record their driving activities.
Rest Periods for the Road Transport Directive
You must not work more than 6 consecutive hours without
taking a break.
For working hours totaling between 6 and 9 hours, breaks
totaling at least 30 minutes must be taken.
If working hours total more than 9 hours, breaks totaling at
least 45 minutes must be taken.
Breaks must be taken in no less than 15 minute durations.
In the interest of safety and as a matter of good practice, it
is strongly recommended that breaks should be distributed
evenly throughout the day.
When taking a break, you must not perform anything that
might be regarded as ‘other work’ during this period.
Minimum daily and weekly rest under the existing EU
Drivers' Hours Rules will continue to apply to drivers.
Break requirements under the Road Transport Directive
are in addition to those under the European Drivers' Hours
Rules. The Rules for European Driver Hours always take
precedence when driving.
Holidays & the Road Transport Directive
When calculating working time over the 26 week reference
period, statutory holiday should be included as part of the
working time, and not counted as rest.
1056 hours divided by 26 weeks (the reference period used
for calculating LGV driver working time) = 40.61 hours for
the average working week.
12. Rest Breaks for Store Colleagues
In all formats and business areas, the Tesco breaks
detailed in this policy should always apply, these are
considerably greater than the legal minimum break
durations. In distribution you should refer to your contract
of employment or your site agreement for details on your
break durations.
Convenience Stores
In exceptional circumstances there may be situations
where a colleague/shift leader is required to take their
break while remaining on site to ensure that no one is left
on their own. This may mean that their break time is
disrupted. Where a colleague/shift leader is required to
stay on site for their break, this time will be paid. This does
not apply to salary paid colleagues (managers).
Please note; regardless of the colleague or shift leader
being paid, all colleagues including salary paid managers
must ensure that they take a minimum 20 minute statutory
break for every 6 hours worked. (Young Workers must take
the appropriate statutory breaks: 30 minutes when 4.5
hours has been worked).
Rest breaks (unpaid) for store colleagues will be within the
following ranges:

Any holidays you are entitled to over the twenty days Young workers
statuary leave will not count towards working time, this also
includes anytime you have off on a bank holiday. Length of shift
before any break is
The legislation states that 48 hours must be added into the deducted
average working time calculation for each full fixed week of Less than 4 hour shift No break entitlement
absence – where the worker is absent from work for the 4 – 4 ¼ hour shift 15 min break
whole period beginning at 00.00hrs on Monday and ending 4.5 – 5 ¾ hour shift 30 min continuous break
30 min break
at 24.00hrs the following Sunday. Where the absence does
6 – 7 ¾ hours shift (30 – 60 min break*)
not span a full fixed week, 8 hours must be added for continuous or split.
individual days. These are notional figures that must be 60 min break
used, regardless of the number of hours the worker would 8-8 1/2 hours shift (30-120 min break*)
have actually worked. continuous or split
60 min break
For example, during a 26 week reference period, a driver 8 ¾ hours shift (45-120 min break*)
may have; continuous or split
9 hour shift 90 min break
24 weeks of working at 40 hours per week Young workers cannot (60 – 120 min break*)
work more than 8 paid (continuous or split)
(24 weeks x 40 hours = 960 hours) hours in a day

2 weeks of statuary holidays at 48 hours per week

Adult colleagues
(2 weeks x 48 hours = 96 hours)
Length of shift
960 hours + 96 hours = 1056 hours before any break is
deducted
Less than 4 hour shift No break entitlement
4 – 5 ¾ hour shift 15 min break

Internal, Working Hours policy, Version 6.2, Page 10 of 14 – October 2019

 6 – 7 ¾ hour shift 30 min break If you are a young worker your maximum shift length is nine
(30 – 60 min break*) hours and you cannot work more than eight paid hours in
continuous or split a day. You are entitled to the following:
8 – 8 ¾ hour shift 60 min break
(30 – 120 min break*) A 30-minute break for every 4.5 hours worked
continuous or split
• A weekly rest period of 48 hours in each 7 day period
9 – 11 ¾ hour shift 90 min break
(60 – 120 min break*) – this should be continuous if possible (days off for
either continuous or split young workers can’t be averaged over 14 days as they
can with adults).
• Daily rest of 12 consecutive hours

Dot Com Drivers The working week begins at the start of the first shift
worked on a Sunday, or the first day after this where
Length of shift
Sunday isn’t worked.
before any break is
deducted
Up to 5.5 hours No break entitlement
5.5-9 hour shift 30 min break
9+ hour shift 60 min break 13. What do the Working Time Regulations
say about paid holiday?

Your statutory paid minimum holiday entitlement is 5.6

weeks per year (pro-rata) or 28 days including bank
Flexible break durations
holidays.
Our standard break durations (shown in bold) will be
Statutory leave must be taken and cannot be paid in-lieu or
applied in the first instance, however you can request
carried over into the next holiday year. More information
different break times within the ranges shown in brackets
can be found in our Holiday Policy.
with a * above, the breaks can be taken either continually
or split. These variations must be agreed as a permanent The Tesco holiday year runs from the 1st April to 31st
change after having a conversation with your manager. March.
Where you have already agreed break times within the
ranges shown, these would not be changed without a clear Payment in lieu
business case and consultation.
If you leave during the holiday year you can be paid in-lieu
If you work an equal length shift on two or more occasions for any holiday which has not been taken (pro-rata for what
over a working week, the break length for each shift must you have earned to date).
be the same. For example, on Monday you work 8am-4pm
and you choose to take a 30 minute break. For any other Notice to take up leave
days that week where you work an eight hour shift, you
You need to request holiday with a minimum of four weeks’
must also take a 30 minute break. A sensible approach is
notice in writing, although your manager may agree your
required when managing breaks and you should work with
leave with less notice. We may refuse this request if your
your manager to ensure that breaks are fairly, and
leave cannot be accommodated. If we decide to refuse
reasonably distributed throughout your shift. If, for
your request we will do so within 7 days. This is to allow for
example, you are scheduled to complete a 9 hour shift, it
situations where other colleagues have already requested
would be unreasonable to take 60 minutes break in the last
to take leave at the same time. If your manager does not
hour of the shift.
respond within 7 days, you can assume that the holiday
If you work in an area of the business where minimal request has been accepted.
manning is required (e.g. petrol filling station), your break
We may also give you notice of when you must take leave,
(regardless of duration) must be covered by a colleague to
provided we give you a minimum of 4 weeks’ advance
ensure you receive your full break entitlement.
notice. We may for example want to use this approach to
Young Workers allocate leave which has not been booked, where there is
a limited period for you to take leave. Please ensure that
Young workers have different rules and there is a checklist you talk to your manager well before the end of the holiday
for managers to use. If you’re a manager, you should year to make sure all of your holiday entitlement can be
remind a young workers of their entitlements and ask them planned in.
to sign to confirm their understanding.

Internal, Working Hours policy, Version 6.2, Page 11 of 14 – October 2019

Gross Misconduct

Paid annual leave is a statutory right under the regulations,

and it is unlawful for us to withhold holiday pay for statutory
annual leave, even in the case of dismissal through gross
misconduct.

Related Reading

Holiday Policy
Young Workers policy
Working Time Calculation
Voluntary Opt-out form
Voluntary Opt Back In form
Young worker checklist
Night worker health assessment documentation
Equal Opportunities and Diversity Policy

Policy info.

Version No. Date of change Summary of change

th
1 14 December 2015
2 30th January 2017
New policy
- Confirmation that the 52 reference period used to work out the average number
of hours worked is by collective agreement with USDAW
- Clarification that the minimum rest period between shifts may only be reduced
from 11 hours to 8 hours in exceptional circumstances
- Guidance regarding the management of break periods within shifts has been
added

3 8th November 2017 - Information added on how colleagues can request different break times within
break ranges. Must be a permanent change and agreed with their manager.

4 April 2018
- Updated Young Workers and Adult colleagues break ranges in Section 9
- Clarification that if a colleague works an equal length shift on two or more
occasions over a working week, the break length for each shift must be the
same
- Clarification that a young worker’s maximum shift length is nine hours and they
cannot work more than eight paid hours in a day.
- Colleagues who work in minimal manning areas e.g. PFS, must have their
break covered by a store colleague.
- Updated roles and responsibilities
- Specific guidelines for dotcom drivers on maximum daily driving and duty hours.
- Information added on GB domestic driving rules
- Updated Let’s Talk – Break Checklist

Internal, Working Hours policy, Version 6.2, Page 12 of 14 – October 2019

4.1 April 2018 - Confirmation of break entitlement for dotcom drivers
- Clarification that dotcom drivers must take at least 1 full day’s rest per week.

5 October 2018
- Clarification that shifts lengths detailed in the breaks section are shifts before
any break is deducted.
- Maximum 16 hours on site rule added.
- Minimum 7.5 hour weekly contract, preferably over 2 or more days and 2 hour
minimum daily contract added,
- Clarification on UK Domestic Driving Rules and how duty time is calculated.
- Clarification added regarding Chauffeur working time.
- Clarification that drivers and multi-skilled drivers are required to complete the
‘UK Domestic Driving rules Employee Declaration’
- Clarification that in convenience where breaks are paid there is still a
requirement to have the statutory rest period.

5.1 October 2018 - Clarification in Section 10 that the GB Domestic Driving Rules apply where you
drive a dot com van for more than four hours in any 24 hour rolling period.
- Clarification in Section 10 that if at any time during a colleague’s employment
with Tesco they work for another employer in any role, not just a driver role,
they must inform their manager to ensure compliance with GB Domestic Driving
Rules.

6 May 2019 - Flexible contract workers will never be asked to work fewer than 3 hours, nor
would they have a standalone availability window of less than 3 hours.
- Clarification of the basic working week for Dot Com Drivers, Store Colleagues
and Salary based managers.
- Clarification that to ensure compliance with the National Minimum Wage the
following activities should be considered as paid working time: Training time,
walking time to remote departments, colleague’s searches, changing time
(bakers’ whites and aprons), and time spent having company required
medicals.
- Clarification that full time flexible colleagues have total weekly hours allocated
within their agreed availability window.
- Clarification that part time flexible workers cannot have availability windows or
flex up on Sundays and Bank Holidays (with the exception of colleagues
employed after January 2009 who may be required to work on a bank holiday
as described in the policy). (Additional hours can be worked as overtime).
- Clarification that the business preference is that colleagues do not work in
excess of 48 hours in any week.
- Clarification that the 60 hour maximum on site rule is total time on site, including
any time taken as unpaid breaks.

6.1 July 2019 - Clarification added to the policy version control table that only colleagues
employed after 2009 may be required to work on a bank holiday and that this
is not the same for Sunday working.
- Removal of wording describing that colleagues can chose to not take their
statutory rest periods.

Internal, Working Hours policy, Version 6.2, Page 13 of 14 – October 2019

 6.2 October 2019 - Additional information added regarding working time and rest periods for LGV
Drivers.
- Clarification that medicals required as part of driving legislation are not
considered as company required medicals and are therefore unpaid.
- Clarification that business travel should be included as working time where you
are traveling to a different location that is not your ordinary commute.
- Clarification added to confirm that salary paid colleagues in convenience are
not paid for the duration of breaks that are required to be taken on site.
- Additional information added to clarify break durations for Office based
colleagues.

6.3 December 2019 - Clarification added that the 60 hour maximum on-site working week rule and
the 16 hour maximum daily on site rule, whilst working in excess of this is not
encouraged, these rules do not apply to our distribution centre colleagues.
HGV Drivers must still follow the relevant driving regulations.

Policy owner:

UK Workplace Relations

Ownership and confidentiality

This document shouldn’t be shared with anyone externally without permission from your Director. This Policy and any
associated documentation remains the property of Tesco and should be returned if requested.

This is an online document. Hard copies and downloaded versions are valid only on the day printed or downloaded. It is the
responsibility of colleagues to check the current status of this document on OurTesco and Colleague Help.

Internal, Working Hours policy, Version 6.2, Page 14 of 14 – October 2019