Broad overview
The law concerning working hours and rest breaks is contained in the Working Time Regulations 1998 (WTR). Hours of work were largely unregulated until the introduction of the Working Time Regulations 1998. The Regulations introduced rules of general application (albeit with certain exceptions) limiting working hours and providing for rest breaks and holidays.
The following is a broad overview of the main rules:
- A worker’s working time must not exceed an average of 48 hours for each 7 days. The average is usually worked out over a rolling period of 17 weeks. Employees may only work beyond the 48 hour maximum if they have provided an individual opt-out.
- Workers are entitled to daily rest. Daily rest is at least 11 consecutive hours in each 24 hour period. There are exceptions for shift workers when they change shift and cannot take a rest period between the end of one shift and the start of another.
- Workers are entitled to weekly rest of at least 24 hours in each 7 day period (or 48 hours over a 14 day period).
- Rest breaks – at least 20 minutes where the worker has worked more than 6 hours
Exceptions
The WTR contains many exceptions, for example, in recognition that a worker’s activities involve the need for continuity of service or production. You should take specific advice on any potential exceptions.
Where an exception does apply, workers are entitled to compensatory rest to make up for the rest that they have missed.
Holidays and sickness
Employees’ holiday entitlements are governed by their employment contracts. However, these are subject to rights under the WTR which sets out minimum rights for all workers.
The WTR provides for 28 days’ holiday per year.
Under the WTR, employees are entitled to accrue holidays during periods of sickness absence. In addition, employees may also have the right to defer holidays where pre-booked annual leave coincides with sickness absence and carry them over into a different holiday year.
This briefing note should not be relied on as legal advice. The information relates to the UK only. Please contact us for advice on your specific circumstances.
