8. Working time
Permitted absences and visa sponsorship
Employers must normally stop sponsoring a worker if they are absent without pay, or on reduced pay, for more than four weeks in a calendar year. This can be a single block of absence or separate periods that add up to four weeks.
There are limited exceptions. Absences on statutory maternity, paternity, adoption, shared parental or neonatal leave, as well as sickness absence, jury service, court attendance, industrial action or humanitarian work, are allowed. In these cases, sponsorship can continue but the employer must still report the absence to the Home Office.
Any other unpaid or reduced-pay absence beyond four weeks can trigger loss of sponsorship. This includes when workers take unpaid leave to visit family abroad, or when hours are cut for reasons not covered by the rules. Union reps should advise members to check their status carefully before agreeing to unpaid leave or significant changes to their hours.
For more information, visit Guidance for sponsors of workers and temporary workers on gov. uk
Night work is subject to specific rules:
• No more than 8 hours in any 24-hour period( averaged over 17 weeks), unless work involves special hazards or strain( regulation 6, WTR)
• Workers cannot opt out of the 8-hour night limit
• Employers must offer free regular health assessments( regulation 7, WTR)
• If night work is deemed unsafe for a worker, they should be transferred to suitable day work where possible( regulation 7( 6), WTR)
Protection for pregnant and breastfeeding workers
Pregnant workers and those who have recently given birth or are breastfeeding must be protected from health and safety risks. If night work poses a risk, they must be offered alternative work on the same terms or suspended on full pay( Management of Health and Safety at Work Regulations 1999).
Young workers( under 18 and above school leaving age):
• Cannot usually work between 10pm – 6am or 11pm – 7am depending on the contract
• Must not exceed 8 hours a day or 40 hours a week
• Must receive at least 12 hours rest between shifts and two days off per week
• Cannot opt out of these limits
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