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Hours of Work
Your hours of work will be determined either by agreement with you, or by an agreement with trade unions in your workplace which applies to you.
However the Working Time Regulations 1998 impose restrictions on the maximum number of hours you can be required to work. Different rules apply depending on your age. If you are between 15 and 17 you will be considered to be a young worker and if you are 18 or older you will be considered an adult worker.
Maximum weekly working time
Unless your employer has first obtained your agreement in writing your working time, including overtime, cannot exceed an average of 48 hours for each 7 days. Your employer has a duty to take all reasonable steps to ensure that this limit is complied with. The period of time over which working time is normally averaged is a period of 17 weeks, though this is longer in respect of certain professions (doctors in training have a reference period of 26 weeks and offshore workers 52 weeks), and can be extended by collective agreement up to a maximum of 52 weeks.
The average weekly working time is calculated by dividing the number of hours worked during the reference period by the number of weeks in the reference period. You exclude any annual leave, any period of sick leave, any period of maternity leave and any period in respect of which by agreement the 48 hour limit is disapplied.
Your employer may ask you to opt out of the Working Time Regulations. You can disapply the 48 hour per week maximum by an agreement in writing. In the absence of a statement to the contrary, your agreement can be brought to an end by giving not less than 7 days’ notice in writing to your employer. The longest period of notice that your employer can require you to give to terminate the agreement to opt out is 3 months.
If you are a night worker, you can be required to work only an average of 8 hours in a 24-hour period over a period of 3 months your employer also has to give you the opportunity to have a free health assessment at regular intervals. You should not be assigned to night work unless this opportunity has been given to you before you take up the assignment.
If your pattern of work is such as to put your health and safety at risk, in particular if the work is monotonous or the work rate is pre-determined, your employer must ensure that you are given adequate rest breaks.
Rest Periods
All workers are entitled to a rest period not less than 11 consecutive hours in each 24-hour period. If you are a young worker, you are entitled to not less than 12 consecutive hours. However if you are a young worker the minimum rest period can be interrupted in the case of activities involving periods of work that are split up over the day or which are of short duration.
Your entitlement to daily rests can be modified or excluded by collective agreement or workforce agreement and the period of daily rest can be subsumed by the weekly rest entitlement. However this can only happen where it is justified by objective or technical reasons or reasons concerning the organisation of work.
You are entitled to an uninterrupted rest period of not less than 24 hours in each 7 days during which you are working for the employer. However the employer can substitute two uninterrupted rest periods, each of which is not less than 24 hours in each 14-day period or may substitute one uninterrupted rest period of not less than 48 hours in each 14-day period. Young workers are entitled to 48 hours in each 7 days.
In the case of adult workers, a collective agreement or workforce agreement may exclude or modify the weekly rest period entitlement. Furthermore the weekly rest entitlement does not apply to you if you are engaged in activities which involve periods of work split up over the day (for example cleaning staff).
An adult worker is entitled to a rest break where the daily working time is more than 6 hours. A rest break is an uninterrupted period of not less 20 minutes. You are entitled to spend it away from your work station, if there is one. A collective agreement or workforce agreement can exclude or modify this entitlement.
If you are a young worker and have worked more than 4½ hours you are entitled to a 30-minute break.The entitlement to rest breaks does not apply to workers whose activities involve periods of work split up over the day as above.
Entitlement to annual leave
In each year you are entitled to four weeks holiday.
If you are entitled to a rest period, a rest break or annual leave under the Working Time Regulations or any other provision, including your contract, you are entitled to take whichever of the two is more generous but you have to choose between the two.
There are many exceptions to these Regulations, such as exemptions for workers on board a sea-going fishing vessel and certain activities undertaken by the Armed Forces, police or civil protection services. Until 2009, certain trainee doctors are not entitled to many of the rights under the Regulations.
Enforcing your rights
If your employer is refusing to comply with any of your working time rights, you can bring a complaint to the Employment Tribunal, which can award compensation. You can also bring a claim under Section 13 of the Employment Rights Act for unauthorised deductions from your wages.
However the Working Time Regulations 1998 impose restrictions on the maximum number of hours you can be required to work. Different rules apply depending on your age. If you are between 15 and 17 you will be considered to be a young worker and if you are 18 or older you will be considered an adult worker.
Maximum weekly working time
Unless your employer has first obtained your agreement in writing your working time, including overtime, cannot exceed an average of 48 hours for each 7 days. Your employer has a duty to take all reasonable steps to ensure that this limit is complied with. The period of time over which working time is normally averaged is a period of 17 weeks, though this is longer in respect of certain professions (doctors in training have a reference period of 26 weeks and offshore workers 52 weeks), and can be extended by collective agreement up to a maximum of 52 weeks.
The average weekly working time is calculated by dividing the number of hours worked during the reference period by the number of weeks in the reference period. You exclude any annual leave, any period of sick leave, any period of maternity leave and any period in respect of which by agreement the 48 hour limit is disapplied.
Your employer may ask you to opt out of the Working Time Regulations. You can disapply the 48 hour per week maximum by an agreement in writing. In the absence of a statement to the contrary, your agreement can be brought to an end by giving not less than 7 days’ notice in writing to your employer. The longest period of notice that your employer can require you to give to terminate the agreement to opt out is 3 months.
If you are a night worker, you can be required to work only an average of 8 hours in a 24-hour period over a period of 3 months your employer also has to give you the opportunity to have a free health assessment at regular intervals. You should not be assigned to night work unless this opportunity has been given to you before you take up the assignment.
If your pattern of work is such as to put your health and safety at risk, in particular if the work is monotonous or the work rate is pre-determined, your employer must ensure that you are given adequate rest breaks.
Rest Periods
All workers are entitled to a rest period not less than 11 consecutive hours in each 24-hour period. If you are a young worker, you are entitled to not less than 12 consecutive hours. However if you are a young worker the minimum rest period can be interrupted in the case of activities involving periods of work that are split up over the day or which are of short duration.
Your entitlement to daily rests can be modified or excluded by collective agreement or workforce agreement and the period of daily rest can be subsumed by the weekly rest entitlement. However this can only happen where it is justified by objective or technical reasons or reasons concerning the organisation of work.
You are entitled to an uninterrupted rest period of not less than 24 hours in each 7 days during which you are working for the employer. However the employer can substitute two uninterrupted rest periods, each of which is not less than 24 hours in each 14-day period or may substitute one uninterrupted rest period of not less than 48 hours in each 14-day period. Young workers are entitled to 48 hours in each 7 days.
In the case of adult workers, a collective agreement or workforce agreement may exclude or modify the weekly rest period entitlement. Furthermore the weekly rest entitlement does not apply to you if you are engaged in activities which involve periods of work split up over the day (for example cleaning staff).
An adult worker is entitled to a rest break where the daily working time is more than 6 hours. A rest break is an uninterrupted period of not less 20 minutes. You are entitled to spend it away from your work station, if there is one. A collective agreement or workforce agreement can exclude or modify this entitlement.
If you are a young worker and have worked more than 4½ hours you are entitled to a 30-minute break.The entitlement to rest breaks does not apply to workers whose activities involve periods of work split up over the day as above.
Entitlement to annual leave
In each year you are entitled to four weeks holiday.
If you are entitled to a rest period, a rest break or annual leave under the Working Time Regulations or any other provision, including your contract, you are entitled to take whichever of the two is more generous but you have to choose between the two.
There are many exceptions to these Regulations, such as exemptions for workers on board a sea-going fishing vessel and certain activities undertaken by the Armed Forces, police or civil protection services. Until 2009, certain trainee doctors are not entitled to many of the rights under the Regulations.
Enforcing your rights
If your employer is refusing to comply with any of your working time rights, you can bring a complaint to the Employment Tribunal, which can award compensation. You can also bring a claim under Section 13 of the Employment Rights Act for unauthorised deductions from your wages.
