Working Time Regulations

What are the Working Time Regulations?

Excessive working time is a major cause of stress; depression and illness, therefore the Working Time Regulations (WTR) were introduced to protect people's health and safety.

The regulations create various rights for workers to include; a minimum number of holidays each year, paid breaks, and appropriate rest periods between working days, while restricting excessive night work and a default right to work no more than 48 hours per week.

What are the Maximum Weekly Working Hours?

Workers cannot be forced to work more than 48 hours a week on average. They can work more than 48 hours in one week, as long as the average over 17 weeks is less than 48 hours per week.

Employees that are 18 or over and wish to work more than 48 hours a week can choose to opt out of the 48 hour limit. This must be voluntary and in writing. Please note it can't be an agreement with the whole workforce. 

Employees can cancel their opt-out agreement provided they give at least seven days’ notice. 

What are the Rest Periods?

  • Annual Leave Entitlement: An employee’s statutory paid holiday entitlement is 5.6 weeks (28 days for someone working a five-day week). This can include public and bank holidays. The entitlement for part-time workers is calculated on a pro-rata basis.
  • Weekly Rest: Workers shouldn't be forced to work more than 6 days in every 7, or 12 days in every 14.
  • Between Working Days: Workers are entitled to a minimum 11 hours' rest between each working day. Exceptions can be made for busy periods, emergencies and people working away from home. In these cases, rest periods can be accumulated and taken later.
  • During the Working Day: Employees should be offered a minimum 20-minute break for every shift lasting more than six hours. It is the employer’s duty to ensure that workers can take their breaks under the following requirements:
    • the break must be in one block
    • it cannot be taken off one end of the working day - it must be somewhere in the middle
    • you are allowed to spend it away from the place on your employer's premises where you work 
    • your employer can say when the break must be taken, as long as it meets these conditions

What counts as Work?

In addition to an employee’s normal duties the following would count as work:

  • job-related training
  • job-related travelling time
  • working business lunches
  • time spent working abroad, if you are a UK-based company
  • paid and some unpaid overtime
  • time spent on-call at the workplace

An employee’s working week does not include:

  • breaks when no work is done, such as lunch breaks
  • normal travel to and from work
  • time when employees are on call away from the workplace
  • evening and day-release classes not related to work
  • travelling outside of normal working hours
  • unpaid overtime that you have volunteered for
  • paid or unpaid holiday

What are the rules for Young Workers?

  • The maximum working week is 40 hours (or eight hours a day). These hours may not be averaged out and there is no opt-out available. 
  • They must have 12 hours' rest between working days and two days off every week, normally two consecutive days. 
  • They should take at least 30 minutes' break if they work more than four and a half hours in a shift.

NB. A young worker is defined as aged under 18, having left school. If the proposed employee is still at school they are governed by the Children (Protection at Work) Regulations 2000, which provide enhanced limits and rulings on working time.

As always if you need any further information please contact us on 0844 630 9140 and we will be happy to provide support.