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Working hours
In 1998, the Working Time Regulations came into force and with them the right to some basic entitlements such as time off and holiday pay. But the regulations are complicated. They do not necessarily apply to everyone and can be opted out of and varied by contractual agreements.
Below are answers to some of the most common questions:
How long is the working week?
The average working week should not exceed 48 hours, but this is an average, not a limit on each week. Employees have the right to a 20-minute break in a six-hour working day, a rest period of 11 hours in every 24 hours, the right to a day off each week and four weeks’ paid leave (pro rata for part-timers).
What counts as working time?
Working time amounts to time spent at your workplace carrying out your working duties under the direction of your employer as well as any workplace training, time spent travelling to visit clients and working lunches. It does not include travelling to and from work, time when you are on call but not working, training at college, or time taken to travel to an occasional meeting away from your normal workplace.
Is everyone covered?
No. Some groups of workers are exempt from the Working Time Regulations. For example, if you are self-employed, running your own business or are free to work for different clients and customers, the regulations don’t apply to you.
Certain workers are not subject to the regulations, because they are covered by sector-specific provisions. These include workers in certain transport areas, such as at sea and in the air (for example, flight crew and cabin crew, but not workers employed in general aviation). Meanwhile, other employees – such as mobile workers in road transport – are covered by only certain provisions of these regulations. Workers in the Armed Forces, the police and emergency services are also outside the scope of the regulations in certain circumstances.
I mainly work nights. Are my rights affected?
The regulations covering night workers are slightly different. Your normal hours of work should be limited to eight hours in 24 on average. If your work is especially hazardous, heavy, or involves physical or mental strain, your daily working time should not exceed eight hours at all. Your employer must also provide free health assessments. If you are found to be suffering from health and safety problems relating to the performance of night work, your employer must transfer you to suitable day work.
What if I want to work longer hours?
You can waive your rights if you wish, but you must do so in writing. The opt-out can be for a defined period of time or indefinitely. Your employer must give you the opportunity to opt back in if you wish to do so. Employers can agree with workers to exclude or modify all of the limits and entitlements, apart from the annual leave provisions. But your employment contract can restrict the times when annual leave is taken, the amount taken at any one time and the amount of notice required to take such leave.
If I refuse to opt out, can my employer sack me or withdraw benefits?
No. Your company would be committing an offence if it were to dismiss you, or otherwise to cause you detriment – such as denying you promotion or a pay rise – if you were to refuse to opt out.
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