Full Guide to Working Time Regulations in the UK in 2024
What are the working time regulations UK employers and workers need to follow in 2024? This guide will help you understand how the European Working Time Directive applies to the UK employment law. We will provide you with the background information as well as real-life examples of how this affects UK working hours.
What is the European Working Time Directive?
So, what is the Working Time Directive Act? It’s one of the core pieces of European labour law for limiting working time for employees and establishing mandatory minimum breaks and rest periods for employees in the European Union and the United Kingdom. The Working Time Directive was first introduced on 23 November 1993 and has since been twice updated: on 22 June 2000 and on 4 November 2003, the latter of which is the current version.
Why was the EU Working Time Directive established?
European Working Time Directive was established as one of the main laws on working hours to protect workers' health by preventing excessively long working hours, fatigue, and stress by limiting maximum working hours per day and mandating minimum rest periods. In 2021, the World Health Organization published one of the largest studies of its kind, which found out that in 2016, 488 million people worked at least 55 hours per week. This resulted in 745,194 deaths and 23.3 million disability-adjusted life years (DALY) from ischemic heart disease and stroke.
What are the Working Time Regulations? WTR meaning
The Working Time Regulations, or WTR, lays out the rights and protections for workers in terms of the maximum hours allowed to work in a week, mandatory minimums for rest periods, and annual leaves. For shift workers, these working hours regulations also let you know how many hours you can work in a day. Additionally, the working time directive rules set limits to how many night shifts you can work in a row in the UK.
The Working Time Regulations 1998 summary: Key provisions
The Working Hour Regulations (WTR 1998) set the maximum working hours UK employers must follow for employees’ workweek length as well as the maximum working per day. We have outlined the core principles to get you quickly acquainted with the EU working time directive UK employers need to follow.
Maximum working hours per week
The maximum working hours per week UK employees are allowed to work is 48 hours per week. It’s essential to understand that this includes overtime hours. This means that no employee can be required to work additional overtime hours when they reach their weekly 48-hour limit. UK employees may voluntarily opt out of the 48-hour workweek limit, but they cannot be forced to do so. Workers who have not opted out of the maximum workweek limit must receive equal treatment to those who have done so.
Rest breaks at work
Workers in the UK are entitled to rest breaks during their working hours if they work more than 6 hours per day. The rest break has to be at least 20 minutes long and must be uninterrupted. Depending on the shift hours, the rest break can be for lunch. The law doesn’t require the break time to be paid, but this must be clearly specified in the employment contract.
Daily rest periods
The Working Time Regulations require employers to provide employees with minimum daily rest periods of at least 11 consecutive uninterrupted hours. This means that if an employee ends their shift at 7 pm, the earliest they can start their next shift would be 6 am the following morning.
Weekly rest periods
In addition to daily rest periods, the Working Time Regulations guarantee employees additional weekly rest periods. These can be either 24 consecutive uninterrupted hours for each 7-day period or 48 uninterrupted hours for each 14-day period.
Night work
Night workers in the UK receive additional limitations to working time, and they must not be required to work more than the average of hours per day. A shift is considered a night shift if at least 3 hours of work are done between 11 pm and 6 am.
Paid annual leave
The WTR guarantees a minimum of 28 days of paid annual leave for workers in the UK. For employees with irregular working hours, the holiday pay is 12.07% of their paid hours worked over a 52-week reference period.
Post-Brexit implications of the European Working Time Directive in the UK
As the United Kingdom is no longer a member of the European Union, new pieces of legislation passed by the European Government will not have an effect on the UK. As the latest version of the European Working Time Directive dates back to 2003 when the UK was still in the EU, in large, the Working Time Regulations in the UK have remained unchanged. But it’s essential that all UK employers keep themselves informed with new legislation passed in the UK. Lately, there have been two details related to working time regulations that have seen changes in the UK.
Holiday accrual for irregular hours
According to the European Working Time Directive, holiday accrual for workers with irregular hours is 12.07% of the paid hours they have worked in a 52-week reference period. This has been challenged in the UK, most notably in the Supreme Court case Harpur Trust v Brazel, in which the employee successfully argued that the reference period should be 12 weeks. In November 2023, the UK government proposed moving back to 52-week reference periods.
Predictable shift patterns for zero-hour workers
In 2019, the European Parliament passed a directive on transparent and predictable working conditions, which required employers to provide reasonable notice periods for cancelled shifts. This has been a somewhat grey area as notification periods can differ depending on the industry. In 2023, the UK Government passed The Workers (Predictable Terms and Conditions) Act, which is expected to go into force in September 2024.
According to this piece of legislation, workers with unpredictable working hours, such as employees with zero-hours contracts or those with fixed-term contracts for less than 12 months, can apply to have more predictable working patterns. Employers must respond to this notification within one month.
Who must comply with the UK law on working hours?
Generally, the Working Time Regulations cover most employees, but there are some exceptions and specific provisions for certain sectors.
Covered Workers
Full-time employees
Part-time employees
Temporary and agency workers
Apprentices and trainees
Exemptions and Special Cases
Some categories of workers, such as those in certain sectors like sea transport, aviation, and certain healthcare roles, may have different regulations or exemptions. Some roles, like those involving managing executives or family workers in family businesses, may have more flexibility in their working hours.
Self-employed individuals
The WTR generally does not apply to self-employed individuals who are genuinely in business on their own account and not in a subordinate relationship with an employer.
Opt-out agreements
Workers have the right to voluntarily opt out of the maximum 48-hour average working week limit. This means they can agree to work longer hours if they choose. However, this must be done voluntarily, and workers have the right to opt back in at any time.
What happens if the legal UK working hours are not respected?
If employers in the UK are not complying with the working hour regulations, the employees can turn to the UK’s Employment Tribunal to solve disputes. The Employment Tribunal has a good history of awarding employees with large sums of compensation for unfair dismissal, unequal treatment, workplace bullying and much more. As working time limits and rest periods can be relatively easy to prove in the tribunal, employees will always have strong cases if working time limits have not been respected.
6 best practices to stay compliant with the working hours directive
While the core of the Working Time Directive is relatively straightforward, there are some intricacies which may cause disputes if not handled properly. Here are 5 best practices to make sure you comply with working time regulations.
1. Use time tracking software
Time tracking software can help you ensure that all employees work within the schedules according to the Working Time Directive. The best time clock app solutions today provide simple solutions for setting up custom break times that can be easily recorded by employees while providing real-time data to supervisors and managers.
2. Settle all outstanding holiday pay for leavers
Setting up a system for paying all leavers their outstanding holiday pay is a simple solution for reducing administrative work by not looking at each case separately. Doing so will ensure that there will not be any future disputes with leavers about their holiday payments.
3. Pay attention to holiday accrual for irregular hours
Make sure to follow the latest developments in holiday accrual for irregular hours in the UK. The Government currently proposes to calculate holiday pay over a 52-week reference period based on the preceding 52 weeks in which a worker was in employment, which would also include the weeks without work and multiply this by 12.07%
4. Opting out of the 48-hour workweek limit must be voluntary
As an employer, do not force or persuade any employee to opt out of the 48-hour workweek limit. Opting out has to be done voluntarily in writing and can be revoked by the employee at any time. Employees who have not opted out of the 48-hour workweek limit must receive equal treatment to workers who have opted out.
5. Workers who opt out of the 48-hour working week limit are still entitled to rest breaks and holidays
Even if employees have opted out of the workweek limit, they are still entitled to have all the rest periods and holidays according to the Working Time Regulations. This means that however many hours an employee has scheduled to work, they can have at least an 11-hour daily rest period and a 24-hour weekly or 48-hour biweekly rest period if they wish.
6. Don’t rely too much on overtime
For many industries, some amount of overtime is inevitable, but it’s essential that employers should not rely on overtime more than what is absolutely necessary. Minimising overtime hours in your business operations is one of the simplest ways to ensure that working time regulations are always met when scheduling employees. Another thing to remember here, is that unapproved overtime is a form of time theft UK companies face.
Use the Parim software and ensure compliance with legal working hours in the UK
Managing working time limits for shift workers can require a significant amount of administrative work which can be costly, time-consuming and prone to human errors. This is where Parim helps UK employers, schedulers and supervisors to ensure compliance with Working Time Regulations. Parim lets you set up custom workweek limits for each type of work, employment contract or employee. When scheduling employees or letting them apply for open shifts, the system ensures that no one will exceed the working time limits set for them.
Frequently asked questions
How many hours is full-time in the UK?
There is no specified minimum number of hours required to work in the UK for it to be considered full-time. It’s up to the agreement between the employer and the employee to decide that, but in most cases, a workweek of 35 hours or more is considered full-time in the UK.
Is lunch break included in working hours in the UK?
If an employee works for 6 hours or more in a day, they are guaranteed to have a break, that has to be at least 20 minutes long. This break can be used for lunch, but the Working Hour Regulations do not specify this as a lunch break.
What are the UK normal working hours?
The standard working hours UK employers have to follow are not strictly defined by law, as they can vary depending on the industry, job type, and employment contract. For example, in the healthcare sector, 24-hour coverage has to be ensured, which means that for this industry, night shifts are a part of normal working hours.
What is the maximum shift length in the UK?
The Working Time Directive doesn’t specify the maximum shift length but workers are entitled to a minimum of 11 consecutive hours of rest in each 24-hour period. This means that after completing a shift, employees should have at least 11 hours off before starting the next shift. This means that no employee can be required to work more than a 13-hour shift for a 24-hour period.
What are the maximum hours allowed to work in a day in the UK?
Workers are entitled to a minimum of 11 consecutive hours of rest in each 24-hour period. This means that after finishing a shift, employees should have at least 11 hours off before starting the next shift.
It's important to note that the 48-hour limit is an average over the reference period, and there is no specific daily limit set by the WTR. However, the emphasis is on ensuring adequate rest periods to protect the health and safety of workers. Certain industries, such as transportation and healthcare, may have specific regulations and guidelines regarding shift lengths to ensure safety.
What are the maximum working hours per week in the UK?
The maximum working hours per week in the UK are 48 hours per week for all employees who have not opted out of the 48-hour workweek limit. Employees who have voluntarily opted out of this workweek limit can work for more hours but can opt back in at any time.
Is it legal to work over 12 hours a day in the UK?
Yes, it is legal to work over 12 hours a day in the UK. For employers, it’s important to understand that employees are guaranteed daily rest periods of at least 11 consecutive hours. However, employees are legally allowed to work longer than 12 hours a day if they wish to do so.
Is working 70 hours a week legal in the UK?
Working 70 hours a week is legal in the UK, but employers cannot require employees to work this much. If employees wish to do so, they must voluntarily opt out of the 48-hour workweek limit and they can revoke this decision any time.
Is it illegal to work 7 days a week in the UK?
It is not illegal to work 7 days in a row in the UK but employees have the right to a 24-hour uninterrupted rest period for a 7-day period. If an employee works for more than 7 days straight, they have the right to have a 48-hour uninterrupted rest period for each 14-day period.
How many days in a row can you work legally in the UK?
In the United Kingdom, there is no specific legal limit on the number of consecutive days a person can work. However, the Working Time Regulations (WTR) establish certain provisions to ensure that workers have adequate rest and time off to protect their health and safety. Workers are entitled to a minimum of 11 consecutive hours of rest in each 24-hour period and to a minimum of 24 consecutive hours of rest in each seven-day period or, alternatively, 48 hours in a 14-day period.
How many 12-hour shifts can I work in a row in the UK?
The Working Time Regulations in the UK do not set limits to how many 12-hour shifts you can work in a row but instead provide you with guaranteed rest periods that employers must respect. In addition to at least 11 hours of uninterrupted daily rest, you are entitled to a minimum of 24 consecutive hours of rest in each seven-day period or, alternatively, 48 hours in a 14-day period.
How many night shifts can you work in a row in the UK?
There is no legal limit to how many night shift workers are allowed to work in a row. However, all employees have the right to a weekly 24-hour uninterrupted rest period or a biweekly 48-hour rest period. It’s also important to remember that night shifts cannot exceed 8 hours in a 24-hour period on average. The average is usually calculated over 17 weeks, but it can be over a longer period of up to 52 weeks if the workers and the employer agree - for example, by collective agreement.
