Working Hours Clauses in Employment Contracts
How to draft working hours clauses that comply with UK law. Understand the 48-hour week limit, opt-outs, and flexible arrangements.
Working hours clauses define when employees work and must comply with the Working Time Regulations 1998.
Legal Framework
Maximum Weekly Hours
- 48-hour limit averaged over 17 weeks
- Includes overtime
- Can be opted out of voluntarily
- Some sectors have different rules
Daily and Weekly Rest
- 11 consecutive hours rest per 24-hour period
- 24 hours uninterrupted rest per 7 days (or 48 hours per 14 days)
- 20-minute break if working more than 6 hours
Types of Working Hours Clauses
Standard Hours Clause
"Your normal working hours are 9:00am to 5:30pm, Monday to Friday, with a one-hour unpaid lunch break. This equates to 37.5 hours per week."
Flexible Hours Clause
"Your normal working hours are 37.5 per week. Subject to business needs, you may vary your start and finish times between 7:00am and 7:00pm, provided core hours of 10:00am to 4:00pm are covered."
Annualised Hours Clause
"Your contractual hours are 1,950 hours per year, to be worked flexibly according to business needs. Scheduling will be agreed monthly in advance."
Variable Hours Clause
"Your working hours will vary according to business requirements and will be communicated to you in advance. You are not guaranteed a minimum number of hours."
Overtime Clauses
Voluntary Overtime
"Overtime may be available from time to time. Any overtime worked must be approved in advance by your manager."
Compulsory Overtime
"The Company may require you to work reasonable overtime to meet business needs. Reasonable notice will be given where practicable."
Overtime Pay
"Overtime worked in excess of [40] hours per week will be paid at [time and a half / double time / your normal hourly rate]."
Time Off in Lieu (TOIL)
"Overtime may be compensated by time off in lieu at the Company's discretion, to be taken within [4 weeks] of the overtime being worked."
48-Hour Opt-Out
Requirements for Valid Opt-Out
- Must be in writing
- Must be voluntary - cannot be condition of employment
- Must allow cancellation with notice (up to 3 months)
- Employer must keep records
Opt-Out Clause Wording
"I [name] agree that I may work more than an average of 48 hours per week. I understand this agreement is voluntary and I can cancel it by giving [7 days / 3 months] written notice to my employer."
Who Cannot Opt Out
- Workers under 18
- Night workers in some circumstances
- Some transport workers
- Offshore workers
Night Work
Workers who regularly work at night (11pm-6am) have additional protections:
- Average 8 hours in each 24-hour period
- Free health assessment before and during night work
- Right to transfer to day work if health problems arise
Night Work Clause
"Your role may require night work. Night workers are entitled to a free health assessment, which will be offered annually."
On-Call and Standby
On-Call at Workplace
If required to be at the workplace, all time counts as working time.
On-Call at Home
Only time actually working counts, unless restrictions are so onerous they effectively require workplace attendance.
On-Call Clause
"You may be required to participate in an on-call rota. While on call, you must be contactable and able to attend the workplace within [1 hour]. On-call allowance is [£X per shift/day]."
Record Keeping
Employers must keep records of:
- Hours worked (if no opt-out)
- Opt-out agreements
- Night work assessments
- Adequate rest being taken
Records must be kept for 2 years.
Enforcement
Workers can bring claims to employment tribunals for:
- Breach of 48-hour week limit
- Denial of rest breaks
- Suffering detriment for refusing to opt out
Claims must be brought within 3 months of the breach.
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Frequently Asked Questions
- What is the maximum working week in the UK?
- Under the Working Time Regulations 1998, workers cannot be required to work more than 48 hours per week on average, calculated over a 17-week reference period. Workers can voluntarily opt out of this limit.
- Can an employer require overtime?
- This depends on the employment contract. If the contract includes a clause requiring reasonable overtime, the employer can require it. Without such a clause, overtime is usually voluntary.
- What is a 48-hour opt-out?
- An opt-out is a voluntary agreement where a worker agrees to work more than 48 hours per week. It must be in writing, can be cancelled with notice, and cannot be a condition of employment.