Working Time Regulations: UK Rules on Weekly Hours, Breaks and Rest

Weekly Hours Checker

Check whether your average weekly working hours are within the legal limit under the Working Time Regulations.

The 48 Hour Weekly Limit

Under the Working Time Regulations, you cannot be required to work more than an average of 48 hours per week. This average is calculated over a rolling 17 week reference period, not on a single week basis. You could work 55 hours one week and 41 the next, as long as your average stays at or below 48 across the full 17 weeks.

Your employer must keep records of your working hours. Working time includes any period during which you are working, at your employer's disposal and carrying out your duties. It does not normally include lunch breaks when you are free to leave your workstation, ordinary commuting, or time spent on call at home unless you are actually called out to work.

On-call time depends on your circumstances. If you must stay at your workplace while on call, that time counts as working time even if you are resting between tasks. If you are on call from home and free to use the time as you wish, only the time you spend actually responding to a call-out counts toward your 48 hour average.

Opting Out of the 48 Hour Limit

You can choose to work more than 48 hours per week by signing a written opt-out agreement with your employer. This must be entirely voluntary. Your employer can ask you to opt out, but you cannot be sacked or treated unfairly for refusing to sign.

An opt-out can apply for a set period or indefinitely. If you change your mind, you can cancel the agreement by giving your employer at least 7 days written notice. Your agreement may specify a longer notice period of up to 3 months. Your employer must keep a record that you have opted out, and your employer cannot force you to cancel your opt-out once it is in place.

Certain workers cannot opt out of the 48 hour limit. These include airline staff, workers on ships or boats, road transport workers, workers covered by EU drivers hours rules, and security guards on vehicles carrying high-value goods.

Rest Breaks During the Working Day

If you are over 18 and your working day is longer than 6 hours, you are entitled to one uninterrupted rest break of at least 20 minutes. You can take this break away from your workstation, and it could be a tea break, a lunch break or any other type of break.

Your employer is not legally required to pay you for this break unless your employment contract says otherwise. For monotonous or repetitive work, such as production line roles, your employer must provide enough breaks to protect your health and safety. This may mean breaks beyond the standard 20 minutes.

If your employer cannot give you the standard break because of the nature of your work, for example in healthcare or hospitality, they must offer equivalent compensatory rest at another time.

Night Working Rules

Night time is defined as 11pm to 6am under the default rules. You and your employer can agree a different night period in writing, but it must be at least 7 hours long and must include the hours from midnight to 5am. You qualify as a night worker if you regularly work at least 3 hours during the night period.

Night workers must not work more than an average of 8 hours in any 24 hour period. This average is normally calculated over a 17 week reference period, which can be extended to 52 weeks by written agreement. Unlike the 48 hour weekly limit, you cannot opt out of the night work limit.

If your night work involves special hazards or heavy physical or mental strain, identified through a risk assessment, the 8 hour limit is absolute rather than averaged. It applies to every single shift. Your employer must offer you a free health assessment before you start night work and at regular intervals afterwards. Records of night working hours must be kept for at least 2 years.

Rules for Young Workers Under 18

Young workers aged 16 and 17 have stronger protections under the Working Time Regulations. They cannot work more than 8 hours in any single day or more than 40 hours in any week. These limits are absolute and cannot be averaged over a reference period.

Young workers are entitled to a 30 minute rest break if they work more than 4 hours and 30 minutes. They must receive 12 hours of daily rest between working days and 48 hours of uninterrupted weekly rest. If rest is missed because of an exceptional event such as a workplace emergency, it must be made up within 3 weeks.

For night work, young workers generally cannot work between 10pm and 6am. Their contract may adjust this window to between 11pm and 7am. In all cases, young workers are prohibited from working between midnight and 4am.

Exempt Workers and Sectors

Certain workers are fully or partly exempt from the Working Time Regulations. Members of the armed forces, emergency services personnel and police officers are exempt when dealing with emergencies. Workers in security and surveillance roles that require a permanent on-site presence may also fall outside the standard rules.

Other exempt categories include domestic servants in private households, seafarers, sea-fishing workers, workers on inland waterway vessels, and managing executives or anyone whose working time is not measured or predetermined and who can freely decide their own hours. Workers in sectors that require continuous 24 hour staffing may have modified rest arrangements rather than full exemption.

If you are unsure whether the regulations apply to your role, contact Acas for guidance on 0300 123 1100 or through the Acas website.

Frequently Asked Questions

Can my employer force me to work more than 48 hours a week? No. Your employer can ask you to sign a written opt-out agreement, but signing must be voluntary. You cannot be dismissed or treated unfairly for refusing. If you have already signed an opt-out, you can cancel it by giving at least 7 days written notice, or up to 3 months if your agreement specifies a longer period.

Do I get paid for my rest break at work? The law does not require your employer to pay you for your 20 minute rest break. However, your employment contract may include paid breaks. Check your contract or staff handbook for details.

How is the 17 week reference period calculated? Your average weekly hours are calculated by adding up all working hours over 17 consecutive weeks and dividing by 17. If you have been employed for less than 17 weeks, the average is calculated over the period you have actually worked.

What counts as working time under the regulations? Working time includes any period when you are working, at your employer's disposal and carrying out your duties. It typically excludes unpaid lunch breaks when you can leave your workstation, ordinary commuting, and time on call at home when you are not actually called out to work.

Can night workers opt out of the 8 hour limit? No. Unlike the 48 hour weekly limit, there is no opt-out for the night work average of 8 hours per 24 hour period. If your work involves special hazards, the 8 hour limit applies to every single shift as an absolute cap rather than as an average.

What can I do if my employer does not give me rest breaks? Your employer is legally required to provide minimum rest breaks. If they do not, you can raise the matter with your employer directly, contact Acas for advice on 0300 123 1100, or consider making a complaint to an employment tribunal. You would normally need to go through Acas early conciliation before submitting a tribunal claim.

Do the Working Time Regulations apply if I work irregular shifts? Yes. The 48 hour limit and rest period rules apply regardless of your shift pattern. Your average hours are still calculated over the 17 week reference period. Your employer must make sure you receive the minimum daily and weekly rest between your shifts.

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