Working Time Regulations: Employer's Guide

The Working Time Regulations set legal limits on working hours and guarantee rest periods. Understanding these rules prevents breaches and protects employee welfare.

The Core Rules

Maximum Weekly Hours

48-hour average maximum:

• Calculated over 17 weeks (reference period)
• Includes overtime
• Can be extended to 26 weeks by agreement
• Up to 52 weeks for special cases

What Counts as Working Time

Includes:

• Time at work and available to employer
• Training (required by employer)
• Working lunches
• Time on call at workplace
• Travel as part of job (not commuting)

Excludes:

• Commuting (usually)
• Lunch breaks (if free to leave)
• On-call at home (unless called out)
• Training by employee's choice

Rest Break Entitlements

Daily Rest Break

If working more than 6 hours:

• Entitled to 20 minutes uninterrupted break
• Can be taken away from workstation
• Employer decides when (must be during shift, not at end)

Daily Rest Period

Between working days:

• 11 consecutive hours rest
• Cannot be split
• Applies between each working day

Weekly Rest Period

Every week:

• 24 consecutive hours rest, OR
• 48 hours per fortnight

Note: Young workers (under 18) have enhanced entitlements.

The 48-Hour Opt-Out

How It Works

Workers can agree to work more than 48 hours average by signing an opt-out.

Requirements

For a valid opt-out:

• Must be in writing
• Must be voluntary
• Must state whether indefinite or fixed period
• Cannot be a condition of employment

Sample Opt-Out Clause

"I agree that I may work for more than an average of 48 hours per week. If I change my mind, I will give my employer [7 days'/3 months'] written notice to end this agreement."

Worker's Rights

• Can withdraw opt-out at any time
• Minimum 7 days' notice to withdraw
• Can agree longer notice (up to 3 months)
• Cannot suffer detriment for refusing to opt out

Your Obligations

Even with opt-out:

• Must still provide rest breaks
• Should monitor working hours
• Health and safety duties remain
• Cannot force excessive hours

Night Work

Who Is a Night Worker?

Someone who:

• Regularly works at least 3 hours during "night period"
• Night period is 11pm-6am (unless agreed otherwise)

Limits for Night Workers

• Average 8 hours in any 24-hour period
• Calculated over 17 weeks
• No opt-out available for night work limit

Health Assessments

Must offer free health assessment to night workers:

• Before they start night work
• At regular intervals thereafter
• If they develop health problems related to night work

Transfer to Day Work

If health assessment shows problems:

• Transfer to suitable day work if possible
• Must be reasonably practicable

Record Keeping

What You Must Record

• Working hours of workers who have not opted out
• Evidence that opt-outs are genuine
• Night workers' hours
• Health assessments offered/taken

How Long to Keep Records

2 years from the date they were made.

No Detailed Records Required If

Worker has opted out of 48-hour limit, BUT you should still keep:

• The opt-out agreement
• Evidence it was voluntary

Young Workers (Under 18)

Enhanced Protections

Rule	Adult	Young Worker (16-17)
Maximum weekly hours	48 (average)	40 (absolute)
Maximum daily hours	N/A	8
Daily rest	11 hours	12 hours
Weekly rest	24 hours	48 consecutive hours
Daily break	20 mins (if 6+ hours)	30 mins (if 4.5+ hours)
Night work	Restricted	Prohibited (with exceptions)

Night Work Prohibition

Young workers cannot work between:

• 10pm and 6am (most sectors), OR
• 11pm and 7am (specific sectors)

Limited exceptions for specific industries.

Exceptions and Special Cases

Unmeasured Working Time

Regulations don't fully apply where:

• Worker controls their own hours
• No measurement of working time
• Examples: managing executives, family workers

But: Even these workers must receive annual leave.

Special Sectors

Modified rules for:

• Transport workers (mobile workers)
• Offshore workers
• Security guards
• Healthcare workers
• Emergency services

Different reference periods or rest arrangements may apply.

Compensatory Rest

Where rest breaks cannot be taken due to work nature:

• Employer must provide equivalent compensatory rest
• Should be taken soon after
• Must be "equivalent" in length and quality

Annual Leave

Basic Entitlement

Under Working Time Regulations:

• 5.6 weeks per year (28 days for full-time)
• Can include bank holidays
• Pro-rata for part-time workers
• Accrues from day one

See Also

Detailed guidance in our holiday entitlement article.

Enforcement

Workers' Rights

Workers can:

• Bring tribunal claim for denied rest breaks
• Claim automatic unfair dismissal for asserting rights
• Report breaches to Health and Safety Executive

Penalties

• Tribunal compensation for denied entitlements
• HSE enforcement action for serious breaches
• Potential criminal prosecution (rare, serious cases)

Time Limits

• Tribunal claims: 3 months less one day from breach
• Rest break/rest period claims: each day can be separate breach

Calculating the 48-Hour Average

The Formula

Total hours worked ÷ Number of weeks in reference period = Average weekly hours

Example

Over 17 weeks, worker works:

• Weeks 1-10: 50 hours per week (500 hours)
• Weeks 11-17: 45 hours per week (315 hours)
• Total: 815 hours

815 ÷ 17 = 47.9 hours average

Result: Just under limit, compliant.

Excluding Periods

Can exclude from calculation:

• Annual leave
• Sick leave
• Maternity/paternity leave

These periods are replaced by equivalent periods where average was lower.

Common Compliance Issues

Issue 1: Not Counting All Hours

Problem: Forgetting to include overtime, training, travel.

Solution: Audit what counts as working time, include all relevant hours.

Issue 2: Voluntary Opt-Out Pressure

Problem: Making opt-out feel required.

Solution: Present as genuine choice, document voluntariness, accept refusals.

Issue 3: Rest Breaks Not Taken

Problem: Employees working through breaks due to workload.

Solution: Ensure breaks are genuinely available and can be taken.

Issue 4: No Night Worker Health Assessments

Problem: Forgetting to offer assessments to night workers.

Solution: Set up system to identify night workers and offer assessments.

Checklist

General Compliance

• Working time records maintained
• Average hours monitored for non-opt-out workers
• Opt-out agreements in writing
• Opt-outs genuinely voluntary
• Rest breaks provided and available

Night Workers

• Night workers identified
• 8-hour average limit monitored
• Health assessments offered before starting
• Ongoing assessment system in place
• Transfer arrangements if health issues

Young Workers

• Enhanced limits applied
• Night work restrictions enforced
• Additional rest breaks provided
• Maximum hours not exceeded

Records

• Working hours records kept 2 years
• Opt-out agreements retained
• Health assessment records maintained