Freedom of Information request - Working Time Directive
Request ID: FOI-1932-2324 Date published: 25 September 2023
You asked
Dear Transport for London,
If an employee works a licensed or non-licensed TFL ambassador shift, is it regarded as working time, as defined by the Working Time Regulations?
Does Section 4 of the Regulations apply to employees working such a shift?
Does Section 10 of the Regulations apply to employees working such a shift?
Do Sections 13, 14 and 16 of the Regulations apply to employees working such a shift?
What system have you got in place to monitor TFL's compliance with Sections 4 and 10 of the Regulations?
We answered
TfL Ref: FOI-1932-2324
Thank you for your request received by Transport for London (TfL) on1 September 2023 asking for information about TfL ambassador shifts and the Working Time Regulations.
Your request has been considered in accordance with the requirements of the Freedom of Information Act and our information access policy. I can confirm that we do hold the information you require. Specifically you asked:
“If an employee works a licensed or non-licensed TFL ambassador shift, is it regarded as working time, as defined by the Working Time Regulations?
Yes. A TfL Ambassador shift (licensed and unlicensed) counts as working time under the Working Time Regulations 1998.
Does Section 4 of the Regulations apply to employees working such a shift?
Yes. We do put restrictions in place for shifts (e.g. you cannot book multiple shifts in a week).
Does Section 10 of the Regulations apply to employees working such a shift?
Yes. TfL Ambassadors must allow a minimum of 12 hours rest between any TfL Ambassador shifts and ensure they take sufficient and appropriate rest breaks during their shift.
Do Sections 13, 14 and 16 of the Regulations apply to employees working such a shift?
Annual leave entitlement and pay is not impacted by TfL Ambassador shifts.
What system have you got in place to monitor TFL's compliance with Sections 4 and 10 of the Regulations?
Any shifts booked by TfL Ambassadors must be agreed with their line managers. Whenever they book a shift an email is sent to their line manager advising them of the shift, and it is at their line managers discretion if they choose to approve or decline their member of staff working the shift. They are reminded to take their health and wellbeing into consideration when booking any shifts and if their line manager believes this is not the case they can decline them carrying out shifts. Managers are trained to prioritise the health, safety and wellbeing of employees and are made aware of the 48 hour weekly limit in Regulation 4 and requirement for rest periods in Regulation 10 of Working Time Regulations 1998.
If this is not the information you are looking for, please do not hesitate to contact me.
Please see the attached information sheet for details of your right to appeal.
Yours sincerely,
Mary Abidakun FOI Case Officer FOI Case Management Team General Counsel Transport for London
