What are the Working Time Regulations?

What do the Working Time Regulations cover?

The Working Time Regulations 1998 is the law that applies the EU Working Time Directive to England, Scotland, and Wales. The Regulations set rules that apply to:

• The maximum number of hours employees can work in a working week—and how they can work more hours if they choose to
• Required time off for rest each working day, week, and year
• Maximum working hours and required rest periods for young workers
• Rules and regulations for night workers
• Holiday entitlements for employees

The Working Time Regulations were established to help protect all workers’ health, safety, and well-being. They apply to most workers in the UK, including:

• Employees
• Agency workers
• Apprentices
• Casual workers
• Seasonal workers
• Doctors in training
• Zero-hour workers

The Working Time Regulations establish the 48-hour week for most workers and require that employers must take all reasonable steps to ensure that workers’ average working time (including overtime) doesn’t exceed 48 hours per week. Workers can work more than 48 hours in a week, if their average doesn’t exceed 48 hours over a rolling 17-week reference period. Workers can, however, opt out of the 48-hour maximum as long as they do so in writing.

What counts as working time?

Under the law, working time is when a worker is:

• At the employer’s “disposal,” meaning the employer can tell them what to do or not do with their time
• Carrying out work activities, duties, or training

Working time also includes any time spent:

• Traveling to a customer or client
• Training that’s required to do the job
• Being on call at the place of work

What doesn’t count as working time?

Working time typically doesn’t include:

• Routine travel to and from a regular workplace
• Rest breaks, as long as the worker is completely relieved of their work duties
• Travel outside of normal work hours, even if the travel is required for work (for example, to get to a conference)
• Training that isn’t required to do the job

Rest periods and rest breaks

Under the Working Time Regulations, workers are entitled to specific uninterrupted rest periods and breaks:

• At least 11 consecutive hours off work in every 24-hour period
• A weekly rest period of at least 24 hours in every seven-day period
• 48 hours of rest in every 14-day period
• Rest breaks during the work day—at least 20 minutes when working for six or more consecutive hours

The law also has special provisions for night workers, requiring shorter maximum working hours and longer rest periods.

Recordkeeping requirements for employers

Employers are required to keep records that demonstrate compliance with the Working Time Regulations. This includes tracking hours worked and breaks taken, and showing that workers do not exceed the maximum number of hours within a working week. 

Records should be kept for a minimum of two years and must be available upon request by relevant authorities.

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What happens if an employer doesn’t follow the Working Time Regulations?

Employers who fail to comply with the Working Time Regulations can face significant consequences, including fines, penalties, and legal claims. Employees can report violations, which can be investigated by the Health and Safety Executive (HSE), Advisory, Conciliation and Arbitration Service (Acas), the local authority, or even the employment tribunal.

Employees can report their employers for:

• Not offering compensatory rest breaks (including short breaks during work, weekly or daily rest breaks)
• Not offering health entitlements
• Not complying with recordkeeping requirements
• Exceeding the maximum weekly working time limit of 48 hours
• Exceeding night work limits and special conditions
• Transferring workers from night to day work
• Not offering free health assessments for night workers

Consequences for violating Working Time Regulations

Consequences for employers violating the Working Time Regulations include:

• Fines or sanctions from the local authority or HSE
• Legal claims filed by employees through an employment tribunal
• Requirement to provide compensatory rest or adjust working practices to comply with the regulations
• Reputational damage and a potential loss of trust from employees

Paid holidays under the Working Time Regulations

Under the Working Time Regulations, employees are entitled to a minimum of 5.6 weeks—or 28 days—of annual leave. This includes four weeks (20 days) of paid holiday leave and 1.6 weeks (eight days) of UK bank holidays. 

This entitlement ensures employees have enough time to rest and recover from work. In certain cases, such as sick leave, employers are required to adjust the annual leave to ensure workers can take their full entitlement.

Workers continue to accrue their holiday entitlement while on sick leave, and under the law, employers can't require their employees to take holiday leave while on sick leave.

Carry-over of holidays

Under the Working Time Regulations, the four weeks of holiday leave must be taken in the year in which they’re rewarded, or they’ll be lost. There are some exceptions (such as if the employer doesn’t offer reasonable opportunity for the employee to take leave) that allow leave to be carried forward into the following year. Leave can also be carried over if the employee’s collective agreement of contract of employment allows for it, or if they were unable to take holiday leave because they were on family leave (such as parental leave).

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Frequently asked questions about the Working Time Regulations

Are any workers exempt from the Working Time Regulations?

Some workers are exempt from certain requirements under the Working Time Regulations. Workers in these industries may be required to work more than 48 hours per week at times:

• Members of the armed forces
• Workers in emergency services
• Domestic servants in private households
• Road transport workers
• Boat workers on inland waterways

Can employees choose to work more than 48 hours a week?

Yes. Employees can choose to work more than the 48-hour weekly limit by signing an opt-out agreement. This must be voluntary, and employees have the right to withdraw their consent at any time, with sufficient notice.

How do the Working Time Regulations apply to part-time workers?

Part-time workers are entitled to the same rights under the Working Time Regulations as full-time employees. This includes entitlements to rest breaks, maximum working hours, and annual leave, all of which are calculated on a pro-rata basis depending on their working hours.

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