Working Time Regulations: key principles
Overview of the Working Time Regulations
The Working Time Regulations 1998 set statutory limits on working hours, mandate minimum rest breaks, and provide for paid annual leave, applying to most workers in the UK including employees, agency staff, and apprentices. Employers must take all reasonable steps to ensure workers do not exceed the average weekly working time limit, provide required rest breaks, and keep adequate records to demonstrate compliance. Failure to comply can result in enforcement action, fines, and tribunal claims for compensation or unfair dismissal if workers are penalised for asserting their rights.
Working Time Regulations for young workers and apprentices
Young workers (aged 16–17) and apprentices under 18 are subject to stricter limits: they must not work more than 8 hours per day or 40 hours per week, with no averaging over a reference period. They are entitled to a 30-minute rest break if working more than 4.5 hours, 12 consecutive hours’ rest in each 24-hour period, and 48 consecutive hours’ rest each week (or 36 hours in certain circumstances, with the remaining 12 hours provided as soon as possible). Night work is generally prohibited for young workers between 10pm–6am (or 11pm–7am if contractually agreed), with limited exceptions in specific sectors and only if no adult is available and the work will not harm education or training. Apprentices under 18 have the same protections as young workers.
Maximum working hours per week
For adults, the maximum average working week is 48 hours, normally averaged over a 17-week reference period (this reference period can be extended to up to 52 weeks by a collective or workforce agreement). Workers can work more than 48 hours in a single week if their average over the reference period remains within the limit. For young workers, the absolute maximum is 8 hours per day and 40 hours per week, with no averaging permitted. If a worker has more than one job, all hours must be aggregated for compliance purposes.
Breaks and rest periods mandated by law
Adult workers are entitled to:
At least a 20-minute uninterrupted rest break if working more than 6 hours in a day, taken during (not at the start or end of) the shift
A minimum of 11 consecutive hours’ rest between working days
At least 24 hours’ uninterrupted rest per week or 48 hours per fortnight
Young workers must receive:
A 30-minute break if working more than 4.5 hours
12 consecutive hours’ rest in every 24-hour period
48 consecutive hours’ rest per week (or 36 hours in certain cases, with compensatory rest)
These entitlements apply regardless of whether the worker is full-time, part-time, or an apprentice. Where it is not possible to provide standard rest periods (e.g. shift work, emergencies, or certain sectors), employers must provide compensatory rest of equivalent duration as soon as possible.
Rules regarding night work
A night worker is someone who regularly works at least 3 hours during the night period (default: 11pm–6am, or as otherwise agreed in writing, but must include midnight–5am and be at least 7 hours long). Night workers must not work more than an average of 8 hours in any 24-hour period, averaged over 17 weeks. This limit is absolute (not averaged) if the work involves special hazards or heavy physical/mental strain, as identified by risk assessment or collective agreement. Night workers cannot opt out of this limit. Young workers are generally prohibited from night work, with limited sector-based exceptions and strict supervision and rest requirements.
Suitability of a worker to carry out night work
Employers must offer a free health assessment before a worker starts night work and at regular intervals thereafter. The assessment can be a questionnaire or medical check, and records must be kept for 2 years. If a health professional determines that night work is causing health problems, the employer must, where possible, offer suitable alternative daytime work. Employers must also conduct risk assessments for night work, especially where special hazards or strain are present, and take steps to mitigate risks.
Opting out of the 48-hour week
Adult workers may voluntarily opt out of the 48-hour weekly limit by signing a written opt-out agreement, which can be for a fixed period or indefinite. The agreement must be genuinely voluntary, and workers cannot be dismissed or treated unfairly for refusing to opt out. Workers can cancel their opt-out by giving notice (minimum 7 days, maximum 3 months, as specified in the agreement). Employers must keep records of opt-out agreements and working hours for 2 years (the 2-year period runs from the date each record is created, not the end of the opt-out). Young workers and night workers cannot opt out of their respective working time limits.
