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Working Hours and Regulations

By: Jeff Durham - Updated: 1 Dec 2016 | comments*Discuss
 
Working Time Regulations 48 Hour Week

Your normal working hours should be set out in your employment contract. Unless you choose to (or you work in a sector which has its own special rules), the Working Time Regulations state that you should not be required to work more than 48 hours per week. Even if you do not have a written contract, you must be given written terms and conditions of your working patterns, including the number of hours, within 2 months of starting work.

The 48 Hour Week

In addition to stating that an employee should not have to work more than a 48 hour week, the Working Time Regulations also give you rights to paid holiday, rest breaks and limits on Night Work. Your average working hours are calculated over a 17 week period so you can work more than 48 hours in a particular week as long as the average is 48 hours or less over the 17 week period. There are special rules for some workers such as young workers, trainee doctors and mobile workers in the transport sector.

Young Workers

If you are under 18 and over school leaving age (you are under school leaving age until the end of the summer term of the school year in which you turned 16), you are classed as a young worker. Young workers cannot usually be made to work more than 8 hours a day or 40 hours a week and these hours cannot be averaged out over a longer period. There are some exceptions to these rules, however, and more details can be found on the Department of Business, Innovation and Skills (BIS) website.

What Counts as Work?

In addition to carrying out your normal duties, your working week includes:
  • Job-related training
  • Job-related travelling time (e.g. if you are a sales rep)
  • Working lunches
  • Time spent working abroad (if you work for a UK company)
  • Paid and some unpaid overtime
  • Time spent 'on call' at the workplace

Your Basic Rights

In addition to the 48 hour working week, the basic rights and protections that the regulations provide are:
  • For night workers, a limit of an average of 8 hours work in 24 which they are required to work
  • A right for night workers to receive free health assessments
  • A right to 11 hours rest a day
  • A right to a day off each week
  • A right to an in work rest break if the shift is 6 hours or more
  • A right to 4 weeks paid leave per year

Opting Out of The 48 Hour Week

If you are 18 or over and wish to work more than 48 hours per week, you can choose to opt out of the 48 hour limit. This must be voluntary and put in writing. It can't be an agreement with the whole workforce and you shouldn't be sacked or treated unfairly for refusing to sign an opt out. If you do decide to sign an opt out, you have the right to cancel this agreement at any time by giving between one week and 3 months notice and you can cancel an opt out even if it's part of any contract you've signed.

There are some exceptions to several of the Working Time Regulations in specific instances and you can find out more by visiting the Department of Business, Innovation and Skills (BIS) website. Other useful organisations providing more information about the Working Time Regulations are ACAS and the Health and Safety Executive.

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Share Your Story, Join the Discussion or Seek Advice..
[Add a Comment]
Jen - Your Question:
I was late for work but still wanted to go home when expected due to transport problems, management made me stay longer to make up for the time I was late though can they do that? If I went home I wouldnt of done my contracted hrs for that day.

Our Response:
This depends on your company policy. Many companies expect employees to make up time if they are late - and many employees will do so voluntarily. If it wasn't possible to work later on that day, could you have negotiated to work later the following day? Or start earlier?
SafeWorkers - 2-Dec-16 @ 11:14 AM
I was late for work but still wanted to go home when expected due to transport problems, management made me stay longer to make up for the time I was late though can they do that?If I went home I wouldnt of done my contracted hrs for that day.
Jen - 1-Dec-16 @ 12:21 PM
I'm opted in to the W.T.R I work a 45hour contract with overtime as I'm a emergency worker, obviously I'm over my hours over the 17 week period and my boss has informed me that this week (my shift is tues-sat) that I'm to not come into work Saturday to get my hours down but I won't get paid for it ???? Is this allowed
Besty - 10-Nov-16 @ 3:29 PM
Trish - Your Question:
Hi I have a contract for 12 hours a week which is weekends but do on average 35 do you don't have to give me a contract for 35 after so many weeks.?

Our Response:
No they don't have to, but you could try asking for/negotiationg one. You should be able to choose not to work the extra hours if they don't suit you.
SafeWorkers - 20-Sep-16 @ 10:35 AM
Hi I have a contract for 12 hours a week which is weekends but do on average 35 do you don't have to give me a contract for 35 after so many weeks......?
Trish - 18-Sep-16 @ 7:18 AM
Hi, I work in a shop that at every 6 weeks we have a night shift for 5 nights, my job title is a VMand I have a full time contract 40hours, when we had our last night shift we stayed for about 12 hours at work and at the end they come to me saying that I have to stay for longer cause we still have things to do and when I said that I can not stay for longer they said that if is necessary to stay till afternoon or till night we have to, I said to them that my contract is just for 40 hours then I been told that they will put me in a position of a sale associate and that they will call me in a meeting to discuss about my behavior, is that normal?
dea - 7-Nov-15 @ 9:16 AM
mexy - Your Question:
I have a contract stating my employer gives me work a min of 16hrs per week the contract is dated to expire on 1-1-16 but due to quiet. Period 2weeks ago all ther was was 10 hrs work for me and that's all I got paid for wen I asked him bout getting 16hrs pay he says he cant pay me for work that wasn't ther ,is ther anything I can do bout this

Our Response:
If your employer does not give you the hours in your contract you can take action for "breach of contract". There's more information in this article
SafeWorkers - 28-Aug-15 @ 1:58 PM
I have a contract stating my employer gives me work a min of 16hrs per week the contract is dated to expire on 1-1-16 but due to quiet period 2weeks ago all ther was was 10 hrs work for me and that's all I got paid for wen I asked him bout getting 16hrs pay he says he cant pay me for work that wasn't ther ,is ther anything I can do bout this
mexy - 27-Aug-15 @ 9:55 PM
@chloe. Your employer cannot do this without your consent and should ideally give 4 weeks notice before implementation of any changes (after consent is given). Follow the steps in the article above - the paragraph entitled: "Breaches of Contract"
SafeWorkers - 24-Oct-14 @ 10:29 AM
hello, i am a youth worker working 21hrs a week for the last 1year and 5months. my employee has suddenly temporarily reduced my hours to 4 hrs a week with only 24 hours notice and i have no say?!?!? is this right?? can they do this to me?
chloe - 21-Oct-14 @ 6:50 PM
@hammy. If you opt out - then the Working time regulations do not apply to you, but you do have the right to opt back in whenever you choose (as long as you give 7 days notice to your employer). Your employer cannot sack you or threaten to sack you for opting back in.
SafeWorkers - 18-Sep-14 @ 1:29 PM
If I decide to sign out of the 48 hour week for a new job are there any regulations regarding working hours that will still apply to me?
hammy - 17-Sep-14 @ 2:37 PM
Hi, so i work at an ice rink and from time to time, my boss will call me within 2 hours of a shift and say they need me to come in. When i go in, I do not get paid overtime or receive any sort of extra compensation. What I'm asking is if I take a shift that was offered within 2 hours of the start of the shift, should i receive extra compensation?
Dr. No - 14-Aug-14 @ 9:41 PM
@Shanny. Sounds like this clause in your contract is 'unreasonable' and is being used to make you regularly work extra days. You need to speak to your manager's superior or your HR department directly.
SafeWorkers - 16-Jul-14 @ 10:45 AM
I work 20 hours aweek , but my boss is continuously ring me to do more hours, which I'm unable to as I'm a single parent and got no more childcare, but on contract it does say that I have to work sick cover and holiday cover. What can I do as she is making my life HELL
Shanny - 15-Jul-14 @ 12:32 PM
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