Working Time Regulations in the UK: A Comprehensive Guide

The UK's Working Time Regulations of 1998 set a limit of 48 hours a week over a 17-week period where an employee may be required to work. It also set limits on hours worked per day (8) and a right to a set amount of hours of rest (11). It also includes a right to a day off.

Additionally, it gives workers the right to a minimum length of rest breaks. Regulations like these were implemented to prevent adverse outcomes to the health and safety of UK employees due to the consequences of overwork or burnout.

You can’t require your employees to work more than 13 hours in a day without their consent.

Breaks employees are entitled to include:

• 20-minute breaks when they work six hours or more

• 11 hours of rest between workdays

• Weekly rest of 24 hours within a 7-day work period or 48 hours in a 14-day work period

• Holiday entitlements

The 1998 Working Time Regulations define ‘working time’ as a period during which:

• The employer can tell an employee what they can and cannot do.

• The employee is carrying out their work-related duties. 

Many work activities fall under that criteria, including:

• Travel to meet with clients

• Training new hires

• Being on call

However, it’s also essential to understand what activities aren’t governed by working time regulations laws, such as:

• Travel between an employee’s home and the workplace

• Rest breaks taken before any work has been done

• Any travel outside normal working hours (taking a plane to a conference, for example)

• Training that an employee undertakes independently

The finer details of the UK Working Time Regulations are often difficult to track. However, at a minimum, your company is expected to understand three key aspects of the law. 

The Working Time Directive states that employees can’t work more than 48 hours per week unless they opt out of that constraint. Keep in mind that working hours are calculated over 17 weeks. Your staff can work more than 48 hours in a given week as long as their average number of work hours doesn’t exceed 48 within the timeframe. 

Additionally, some industries are exempt from the 48-hour time limit. For example, nurses and correctional officers typically work more because their industries require 24-hour staffing. In contrast, employees under 18 can only work up to 40 hours a week, regardless of circumstance. 

Working time regulations state that your employees are entitled to a 20-minute rest break if their shift lasts longer than six hours. In addition, workers must have 11 hours of rest between workdays (you can’t schedule them to close the shop and open the next day, for example).

Regulations entitle employees to 5.6 weeks paid holiday per year or 28 days for someone working only five days a week. It’s up to the company whether their workforce’s statutory leave includes bank holidays or whether they grant their employees annual leave above the minimum.

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Because certain employees work outside typical working hours, there are regulations to accommodate their rights specifically. 

The law defines ‘nighttime’ as the period between 11 p.m. and 6 a.m. However, companies can designate a different time frame as long as it’s at least 7 hours long and includes the hours between 12 midnight and 5 a.m. Night employees are restricted to working no more than eight hours in a 24-hour period with no option to work overtime.

Because of the potential negative impact on an employee’s well-being, you must administer a health assessment before someone becomes a night worker. It’s also recommended to repeat assessments periodically to identify potential health problems that decrease an employee’s ability to work. 

There isn’t a legal definition of shift work. However, it often refers to work outside of typical daytime hours where there’s a handover of duties from one individual to another within a 24-hour period. Working time regulations state that a shift-based work schedule should include 11 consecutive hours of rest breaks between shifts.

Additionally, a day off should be given at least once every two weeks while also allowing for a 24-hour rest break after a 24-hour shift.

As soon as employees start working at your company, they’re entitled to certain statutory rights. Accordingly, you have several responsibilities as the employer to uphold these rights and avoid legal ramifications. These responsibilities include:

• Pay your employees at least the national minimum wage. The minimum wage is: 

  • £10.42 for employees 23 and over

  • £10.18 for 21 to 22

  • £7.49 for 18 to 20

  • £5.28 for 18 and under

• Give employees a safe working environment with ready access to clean water, first aid equipment, safety clothing and other precautions.

• Provide employees with a 20-minute rest period if they work six hours or more.

• Offer employees at least 5.6 weeks of holiday entitlements (the amount of time off differs between full-time and part-time workers).

• Tightly control any employee health or safety risks discovered through a health assessment.

• Establish a company policy that prohibits discrimination based on protected characteristics such as age, gender, sexual orientation, and more.

• Give employees at least one month’s notice of dismissal if they’ve been with your company for longer than a month but less than two years. 

The Working Time Regulations 1998 set a new standard for how long employers can expect their employees to work. A big part of that is ensuring that employers know exactly how long their employees are working in practice.

That is why time tracking software, especially as part of an all-in-one HR solution, can be so helpful. Personio helps teams track time, maintain a clear overview and ensure compliance in secure ways. You can learn more about here.