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Under the Working Time Regulations 1998, working time is defined as a period when the worker is working, at the employer’s disposal, performing duties that fall under ordinary practice, when the worker is training; and any other that’s treated as working time as per the regulations.

Specific activities will be included or excluded. For example, paid overtime and some unpaid overtime, travel, working lunches, on-call time are included. Conversely, routine travel, non-work-related social events, rest breaks where work isn’t completed, and training unrelated to work are excluded.

Generally, working time encompasses hours that are spent completes the duties of a role whilst meeting the expectations of an employer. As discussed, other circumstances outlined in the regulations are applicable.

Regardless of where an employee works, understanding when it’s time to work should be one of the first confirmed factors.

A firm understanding of what an employee’s working hours and breaks are essential for both employees and employers.

Employee work schedule laws are in place to protect employees. This also ensures that employers can safely improve the productivity of their employees.

Depending on an employee’s working time, they may receive periods of rest. These breaks often count as working time, though it can vary from employer to employer.

What is working time?

Working time refers to the normal working hours of an employee. This can either be a shift or regularly scheduled days.

An example of the former would be a part-time employee at a supermarket having two six-hour shifts every weekend. These hours can change, depending on whether the employee or employer agree for the employee to work more hours or shifts.

An example of the latter would be a full-time employee with daily working hours of 9 to 5 in an office. Except for national holidays and annual leave, the employee comes to work every weekday for 9am and leaves at 5pm. These would be their contracted hours.

The legal shift length varies from industry to industry, yet most state that the maximum shift length is 12 hours. 

The Working Time Regulations 1998 act states how many breaks employees are entitled to and how long they can be. This depends on their legal working hours and the breaks they can have, as outlined in their contract.

Young employees (under the age of 18) must receive an uninterrupted 30-minute break during a working day over four and a half hours long. This break can’t occur at either the start or end of the day.

It is also worth remembering that some employers should give employees breaks for safety reasons. This is advisable in roles that risk health and safety with ‘monotonous work’, such as working in a factory.

Naturally, an employment contract can state if an employee can take different breaks. This can include more breaks or whether the breaks can split-up between the working day.

Employers should remember that a break isn’t legally a rest break if the employer tells the employee to resume work before the break finishes.

Rest periods under the working time directive

Working time directive breaks state how much time an employee can have for rest periods in an average working week.

Employees must receive an uninterrupted 20-minute break during a six hour working day. This break can’t occur at either the start or end of the day.

Informal rests, such as smoking breaks, aren’t typically covered in employment contracts. However, employers can decide whether they allow these breaks.

For every 12-hour shift, the law states that there must be a break of 11 consecutive hours between each shift. For example, if a 12-hour shift ends at 1 pm, the start time for the next shift can be 12 am at the earliest.

Working time for full-time hours, by law, has a maximum of 48 hours a week. This is on an average of 17 weeks under the and is often called either the Working Time Regulations (1998).or the Working Time Directive.

Working Time Regulations (1998) is the UK regulations put in place to comply with the Working Time Directive, or Directive 2003/88/EC.

Breaks for 48-hour weeks

Many employers will allow an employee to opt-out of the 48 hour week if they wish to.

Naturally, an employer can also ask an employee to opt-out of a 48 hour week. However, they can’t unfairly treat any employee who refuses to. Such as with harassment or terminating their employment.

Opting out of a 48 hour week must be confirmed in writing. If an employer wishes for an employee to confirm this, they must sign an opt-out agreement.

The maximum resting periods during working time regulations is 11 hours between 12 hour shifts. However, this is in the case of the maximum shift time.

Other than time between shifts, employees must receive at least one day off a week. This can be either an uninterrupted 24 hours without work each week or 48 hours each fortnight.

Employees that can work more than a 48 hour week

Employees in the following conditions or roles may work more than the Working Time Directive without written consent:

  • Those in the armed forces.

  • Employees in the emergency services.

  • The police.

  • Security & surveillance workers.

  • Domestic servants in private households.

  • Seafarers or fishermen working on inland waterway vessels.

  • Managing executives in control of their company or business.

  • Anywhere that 24-hour staffing is necessary.

Employees who can’t opt-out of a 48 hour week

Due to the nature of their work or industry, these employees must stick to working time regulations.

  • Those that work in the road transport industry (not including delivery drivers that drive vehicles under 3.5 tonnes.)

  • Employees travelling in and operating any vehicle covered by EU rules on drivers’ hours.

  • Airline crew.

  • Security guards on vehicles carrying high-value goods.

  • Employees working on ships or boats (with the exception of seafarers or fishermen working on inland waterway vessels.)

What working weekends laws are in the UK?

The only specific working weekend laws in the UK relate to working on a Sunday.

By law, an employee can opt-out of working on Sundays unless it’s the only day they work.. Agreements must be included within the employment contract. Or, within a written statement of terms & conditions.

An employee can opt-out of Sunday hours at any time, even if it is within their contract. Though there are conditions for opting out of Sunday hours:

  • An employee must give three months’ notice that they want to opt-out.An employee must continue to work Sunday hours during this three month period if the employer wants them to.

Employers must inform the employee of Sunday working rights at the beginning of their employment.

Sunday working in shops and betting shops

There are additional details of Sunday working, specifically for those working in retail and in betting shops.

Employees in retail don’t have to work Sundays if they began their roles with the employer on or before 26 Aug 1994 (26/08/1994). Employees in betting shops don’t have to work Sundays if they began their roles with the employer on or before 2 Jan 1995 (02/01/1995).

In Northern Ireland, the date for the former is 4 Dec 1997 (04/12/1997) and the latter is 26 Feb 2004 (26/02/2004).

Rates of pay for Sunday working

These working weekend laws also specify that weekend hours don’t need to be paid at a higher rate. Employers only have to pay more per hour if it’s a part of their contract.

For example, one store may offer higher pay per hour for Sundays to incentivise employees volunteering to work on Sundays. This doesn’t mean that the store next door has to do the same.

FAQs: Understanding Working Time Regulations in the UK

What is the maximum number of hours an adult can work in a week?

Calculated over a 17-week reference period, the maximum working week is an average of 48 hours. Workers might agree to work by through opting out of the 48-hours limit.

Are there special rules for young workers?

Young workers, those under 18 but above school leaving age, cannot work more than 8 hours per day or 40 hours per week.

What is night work?

In the UK, night work is defined as work that takes place between 11pm and 6am. Those who frequently work at least 3 hours during this period and perform 50% or more of their annual working hours at night will be considered night workers.

Are there limits for night workers?

Night workers cannot work more than an average of 8 hours in any 24-hour period, averaged over 17 weeks. Before starting night work, free health assessments should be offered—they should continue to be offered at regular intervals.

What types of workers are excluded from the Working Time Regulations?

Some workers are excluded from Working Time Regulations. For example, the armed forces, emergency services, and in some cases the police. Also, domestic servants in private households, workers in sea transports, managing executives, and workers who set their own working hours will be excluded.

Assistance with working hours

Peninsula can aid with any HR confusion. Whether it's how many hours rest employees receive or giving an employee compensatory rest.

We can help establish working hours and break types by creating employee contracts. We’re also on hand at any time for 24-hour HR advice.

For anything else, get in touch with our team of HR experts by calling 0800 028 2420

Understanding Working Time Regulations in the UK

Working Time
  • Working Time

Please Note: This content is accurate on the date of publishing

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