The UK's Working Time Regulations 1998 set out the minimum standards for weekly working hours, rest breaks, and annual leave entitlements for workers in the UK. However, employees in the UK do have the option to choose to work more than the minimum 48-hour workweek.
In this article, we'll break down the fundamental rights and protections of employees regarding working hours. We'll also cover the types of leave that employers are required to offer, like parental leave and time off for personal and domestic reasons.
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Working time & UK law
Employers have a legal duty to ensure the health and safety of their workers, including protecting them from overwork and excessively long hours. To do this, they should regularly check if employees are working too much and quickly work to address workload issues, such as granting employees requests for flexible working arrangements.
In the UK, the main law on working time is in the Working Time Regulations 1998 (WTR). Pre-Brexit, the regulations aligned with EU laws, but have since been adapted upon leaving the UK. Northern Ireland has its own laws on working times.
Summary of the Working Time Regulations 1998
The WTR covers basic conditions like weekly hours, breaks, and holidays. The regulations also include rules on travel time and holiday pay, among other things.
What is the maximum weekly working time in the UK?
The maximum weekly working time in the UK is set at an average of 48 hours over any seven days, including overtime.
Employers must take reasonable steps to make sure that this limit is not exceeded, considering the health and safety of their workers.
Working time is calculated over 17-week periods, or 26 weeks for certain cases. If there's no specific agreement, any 17 weeks during the worker's employment is used.
For workers employed for less than 17 weeks, the reference period for calculating working time is the period since they started working.
To find the average weekly working time during a reference period, you divide the total hours worked by the number of weeks in that period. This calculation excludes days like annual leave, sick leave, maternity leave, or days where the 48-hour limit didn't apply.
Can you work more than 48 hours a week?
Some employers ask their workers if they want to opt out of the 48-hour week. If they do, they can voluntarily choose to work more than 48 hours a week, however, they can't be forced to sign an opt-out agreement.
Workers who have signed an opt-out agreement also reserve the right to decide they no longer want to work more than 48 hours a week. To do this, they should give notice to their employer of this. The notice period for cancelling the opt-out agreement depends on what was agreed upon initially, however, it can't be longer than three months.
How many hours can night workers work?
In any 24 hours, a night worker's standard hours can't go over an average of eight hours.
It is an employer's responsibility to take reasonable steps to ensure compliance with this limit for all night workers to protect their health and safety. Employers must make sure any night workers with roles that involve special hazards or significant physical or mental strain do not work more than eight hours in any 24 hours.
Average normal hours for every 24 hours during a 17-week reference period are calculated based on actual working hours and rest periods.
How long between shifts is legal in the UK?
By law, adult workers are entitled to a rest period of at least eleven consecutive hours for every 24-hour working period.
Young workers must have a rest period of at least twelve consecutive hours for every 24-hour working period unless the worker undertakes activities involving split work periods or short-duration tasks.
How much rest time should workers get each week?
Adult workers are entitled to an uninterrupted rest period of at least 24 hours in each seven-day working period.
Alternatively, employers may offer:
Two uninterrupted rest periods of at least 24 hours each in every 14-day working period, or
One uninterrupted rest period of at least 48 hours in every 14-day working period.
Young workers should get a rest period of at least 48 hours in each seven-day working period.
These seven and 14-day periods begin either as specified in relevant agreements in an employee's contract of work, or at the start of each week or every other week.
Employers can interrupt rest periods for split work periods or short activities for both adult and young workers.
Are workers entitled to rest breaks during their shifts?
If an adult worker's daily working time goes over six hours, they are entitled to a rest break which is normally at least 20 minutes long, during which the worker can step away from their workstation.
The duration and terms of this break should be outlined in any collective or workforce agreement in place.
If a young worker's daily working time exceeds four and a half hours, they are entitled to a rest break of at least 30 minutes away from their workstation if possible.
How much annual leave are workers legally entitled to?
Employees in the UK are legally entitled to 28 days of paid annual leave each year. For part-time employees, this entitlement is reduced proportionally in line with how many hours they work.
This annual leave entitlement may include bank holidays (public holidays). However, the details of this should be set out in an employee's contract of employment.
Employees can decide when they want to take their annual leave by telling their employer. However, the employer can also tell the employee when to take leave if needed. For example, they may ask employees to take leave on certain days or stop them from taking leave on certain days.
Workers are entitled to be paid for their annual leave at the rate of a week's pay for each week of leave.
If a worker is entitled to a rest period, rest break, or annual leave under both the WTR and their contract, they can't claim these entitlements separately. Instead, they should choose the option that gives them the most favourable conditions. For example, if an employment contract offers a more generous annual leave entitlement than the WTR, they can follow those terms.
Does the WTR apply to everyone in the workplace?
Working Time Regulations do not apply universally in the workplace. Exemptions include:
Transportation sectors like air, rail, road, sea, inland waterway, and lake transport; work at sea; and activities of doctors in training.
Situations where characteristics unique to certain services like the armed forces or police conflict with the regulations.
Workers employed as domestic servants in private households.
Workers whose working time is not measured or predetermined, such as managing executives, family workers, and workers officiating at religious ceremonies.
Specific situations where workers are engaging in activities requiring continuity of service or production, or in exceptional circumstances beyond the employer's control, including security, healthcare, transportation, essential services, agriculture, and unforeseen events or accidents.
Who is responsible for enforcing Working Time Regulations?
The Health and Safety Executive (HSE) is primarily responsible for making sure employers comply with provisions like daily and weekly rest periods.
However, if a local authority is in charge of making sure that health and safety rules are followed in certain places, like a restaurant or factory, they have to make sure that the rules outlined in the WTR are followed there too.
The Health and Safety Commission oversees the enforcement process, making sure that the HSE and local authorities fulfill their obligation effectively.
What can employees do if their employer breaks WTR?
If an employer refuses to let a worker exercise their rights, like taking rest breaks or annual leave, or doesn't pay them the full amount they're owed, a worker can complain to an employment tribunal.
The complaint must be filed within three months (or six months in some cases) from when the issue happened or within a reasonable time if it wasn't possible to file within the initial period.
If the tribunal agrees with the complaint they may order the employer to pay compensation. The amount of compensation depends on:
How the employer failed to uphold the worker's rights and
Any financial loss suffered by the worker because of the employer's actions.
If the tribunal finds the employer didn't pay the worker what they will be owed, the employer will be ordered to pay the worker the outstanding amount.
What happens if employers don't comply with the WTR?
If an employer doesn't follow the rules set out in the WTR, it's considered an offence.
If an employer is found guilty of an offence they could be fined.
What is the Right to Not Suffer Detriment?
According to the WTR, workers have the right not to face negative consequences from their employer if they:
Refuse to comply with illegal working time requirements imposed by the employer;
Refuse to waive any rights given to them by the regulations;
Refuse to sign certain agreements related to the regulations;
Act as a representative or candidate for workforce representation;
Bring legal action against the employer for violating their rights.
If you believe your employer has treated you unfairly because of any of these reasons, you can file a complaint with an employment tribunal. The law protects you from suffering any detriment for exercising your rights in good faith.
The Right to Not Suffer Detriment applies to all workers, whether full-time, part-time, agency, or freelance.
What should I do if I think I've been unfairly dismissed because of issues related to WTR?
If you are dismissed from your job for reasons related to the WTR, it can be considered unfair dismissal. The law makes sure employers cannot unfairly dismiss employees for standing up for their rights under these regulations.
If you believe you have been unfairly dismissed due to issues related to Working Time Regulations, you can file a complaint with an employment tribunal.
In the first instance, however, it may be a good idea to speak to your employer to see if the problem is resolved or get independent advice from an employment lawyer.
Rights for Special Leave
Employers must provide specific leave to employees in certain situations:
Public duties: Individuals who hold certain public positions, like school governors, have the right to take time off for their duties.
Court service: If you're called for jury duty or as a witness, your employer must give you time off.
Trade Union duties: Union officials get paid time off for their duties. Union members can take unpaid leave for union activities.
Military service: Employees in reserve forces can't be fired because of their military.
Family leave: Parents have rights to maternity, paternity, adoption leave, and unpaid parental leave. There are also special leaves for neonatal care and carers.
Personal and Domestic leave: You can take reasonable time off for personal reasons like illness or emergencies involving dependents.
Parental bereavement leave: If your child dies, you can take two weeks off with pay if you've worked for 26 weeks.
How can Lawhive help?
For further advice on working hours and taking time off work in line with Working Time Regulations, get in touch with our legal assessment team today for a free case assessment.