What are the Working Time Regulations in the UK?

You must provide your employees and workers with the correct working time under the Working Time Regulations. This means offering the correct breaks and not allowing them to work more than the maximum hours a week. Failure to follow the Working Time Regulations can seriously affect your business.

For example, if you force your employees to work more than the maximum weekly working hours, they could be at more risk of injury. Consequently, they may raise an employment tribunal claim against you, which could result in financial and reputational damages.

In this guide, we'll discuss the Working Time Regulations, how many rest breaks you must offer, as well as how to manage night workers.

What is the European Working Time Regulations?

In 1998, the UK introduced the EU Working Time Regulations into UK law, known as the Working Time Regulations (1998). It is based on the EU Working Time Directive, a piece of legislation introduced by the EU in 1993.

The legislation's purpose is to ensure UK employees don't work too many hours in a working week, as well as ensuring their Health & Safety. For example, it states what rest periods employees are entitled to, as well as their maximum weekly working hours.

It's important to also remember that full-time workers are entitled to 5.6 weeks annual leave, as well as:

• Shift workers.
• Term-time workers.
• Zero hours contract workers.
• Agency workers.

This equates to 28 days' paid leave each year. In April 2024, these rules will change, and holiday entitlement can be pro-rated for irregular hours and part year workers. Those who work part-time will be entitled to the same amount, but this will be delivered in proportion to the hours they work.

What counts as working time?

Working time is any period during which the worker is working, carrying out their duties and at the employers disposal. It includes:

• Normal working hours.
• Any relevant staff training the job requires.
• Any time spent travelling to meet a client or customer.
• Any annual leave or holiday entitlement.

Working time does not include routine travel to and from the office, task, client or workplace. Or, rest breaks when no work is done.

What is the legal maximum weekly working hours?

Under the Working Time Regulations, employees 18 or over are only allowed to work a maximum of 48 hours over a one-week period on average. This is typically averaged over 17 weeks. You can work out this average by using the following calculation:

1. Add the total hours worked by the employee in the 17-week period.
2. Divide the total by 17.

So, for example, if an employee worked 595 hours over 17 weeks, their legal maximum working hours are 35 hours a week after dividing by 17. It’s also important to remember this 48 hour-limit doesn't apply to every industry, company or employee.

Are there exceptions to the Working Time Regulations?

Yes, there are exceptions to the Working Time Regulations in certain circumstances. For example, this might be the case if:

• The business requires 24-hour staffing.
• An individual works in a job that involves security shifts and surveillance.
• An individual works as a seafarer, fisherman or worker on vessels on inland waterways.

Company owners and those in control of a company are also exempt, as their working time is usually not measured. And they're in control of their working hours.

Can a person opt out of the maximum number of working hours?

Yes, a person can opt out of the maximum weekly working hours if they are 18 or over. This can be indefinitely or during a certain period. The only requirements are that an employee must opt out:

• Voluntarily, and;
• In writing.

However, an employee cannot opt out if they are:

• Airline staff.
• Workers on a boat or ship.
• Workers in the road transport industry.

But this list is not limited. You can also ask your staff to opt out, but you cannot sack or treat them unfairly if they refuse to do so. If you do, they could raise an unfair dismissal claim to an employment tribunal.

What breaks are employees entitled to under the Working Time Regulations?

Employees are entitled to breaks, daily rest periods, and weekly rest periods under the Working Time Regulations. Let's explore these entitlements for workers 18 or over in more detail:

Daily rest breaks

Workers are entitled to one uninterrupted 20-minute rest break per working day. But, this is only if they work six hours, or more than six hours. This can be taken at any time as a tea or lunch break, and doesn't have to be paid.

Daily and weekly rest periods

Workers are entitled to 11 hours of daily rest between working days. For example, if they finish at 7pm they shouldn't start work until 6am the next day. Over the course of a week, they must have 24 hours without working to rest. This amounts to 48 hours over a fortnight.

What are the Working Time Regulations rules for night workers?

According to the Working Time Regulations, people performing night work must not work more than eight hours in a 24-hour period on average. They cannot opt out of this limit, even if they wish to do occasional overtime.

Night work is classed as the period between 11pm and 6am. Anyone working three hours out of this period is considered a night worker.

Get expert advice on the Working Time Regulations from Peninsula

As an employer, it's your legal duty to provide the correct rest breaks, and ensure your staff do not work more hours than the legal maximum. If you don't comply with your duties, it could have severe consequences for your company.

For instance, the Health and Safety Executive might investigate your workplace - which could result in financial damage. Consequently, it could seriously hinder your reputation, and halt your business innovation.

Peninsula offers expert advice and support on the Working Time Regulations. Our teams provide 24/7 HR advice which is available 365 days a year. We take care of everything when you work with our HR experts.

Want to find out more about employment rights, best practice and policies? Contact us on 0800 028 2420 and book a free consultation with an HR consultant today.