In the UK, the working time directive, now the Working Time Regulations, means most workers can't work more than 48 hours a week on average, normally averaged over 17 weeks, unless they choose to opt out in writing. It also gives a 20-minute break after 6 hours, 11 hours' rest between working days and a weekly day off.
GOV.UK calls the 48-hour law "sometimes called the working time directive or working time regulations", which is why people search for both names. Here's what it means in practice for employers and staff.
The 48-hour average
The limit is an average, not a weekly cap. Someone can work more than 48 hours in one week as long as their average over the reference period stays under 48. The reference period is normally 17 weeks, and can be extended up to 52 weeks if agreed, for example with a trade union. Trainee doctors use 26 weeks and offshore oil and gas uses 52.
Under-18s are different: their hours can't be averaged, and they can't work more than 8 hours a day or 40 hours a week.
What counts as working time
| Counts | Doesn't count |
|---|---|
| Job-related training | On call away from the workplace |
| Travel that's part of the job, such as a sales rep's | Lunch and other breaks when no work is done |
| Working lunches | Travel outside normal hours |
| Paid overtime, and unpaid overtime you're asked to do | Unpaid overtime you volunteer for |
| On call at the workplace | Holiday |
| Home to first job and last job home, with no fixed workplace | Commuting to a fixed workplace |
People with two jobs should keep their combined average under 48 hours, or opt out.
Opting out
Workers over 18 can choose to work more than 48 hours on average. The opt-out must be voluntary and in writing, can be for a set period or indefinite, and the employer must keep a record of it. An employer can ask, but can't sack or treat someone unfairly for refusing.
The insight most contracts get wrong: a worker can cancel the opt-out whenever they want, even if it's written into their employment contract. They give at least 7 days' notice, or up to 3 months if the agreement says so. Some groups, including airline staff, many road transport workers and security guards on vehicles carrying high-value goods, can't opt out at all.
Rest breaks
| Break | Entitlement for workers over 18 |
|---|---|
| During the day | One uninterrupted 20-minute break if working more than 6 hours, taken in the middle of the day and away from the workstation |
| Daily rest | 11 hours between working days, so finish at 8pm and you shouldn't start again before 7am |
| Weekly rest | 24 uninterrupted hours each week, or 48 each fortnight |
Breaks don't have to be paid, and there's no legal right to smoking breaks, unless the contract says otherwise. A break doesn't count if the employer calls the worker back before it's finished. Shift workers and others who can't take normal breaks may get compensatory rest of the same length instead.
Night workers
Anyone who regularly works at least 3 hours in the night period, 11pm to 6am unless another 7-hour period including midnight to 5am is agreed in writing, is a night worker. They mustn't work more than an average of 8 hours in 24, usually over 17 weeks, and they can't opt out of that limit. Where the work involves special hazards or heavy mental or physical strain, it's a hard 8 hours in any 24, with a risk assessment to identify those roles. Employers must keep night workers' hours records for at least 2 years.
There's no higher National Minimum Wage rate for night work. Care workers on sleep-in shifts with suitable facilities are paid minimum wage only for the time they're awake to perform tasks, while those expected to work most of the shift are paid for all of it.
Setting up working time the right way
- Check average weekly hours over 17 weeks for anyone close to 48.
- Offer a written, voluntary opt-out to over-18s who want longer hours, and keep it on file.
- Build the 20-minute break and 11 hours' daily rest into rotas.
- Identify night workers and keep their hours records for at least 2 years.
Young workers at night
Staff aged 16 or 17 can't work between midnight and 4am, and usually can't work between 10pm and 6am, which a contract can change to 11pm to 7am. There are exceptions to the 10pm to 6am rule for work such as hospitals, hotels and catering, retail, agriculture and newspaper delivery, and in exceptional cases when no adult is available, with an equal rest period afterwards.
Who's excluded
Some jobs can require more than 48 hours, including roles needing 24-hour staffing, the armed forces, emergency services and police, security and surveillance, domestic servants in private households, and managing executives who control their own working time.
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For help building rotas that stay inside the rules, compare UK HR support services, and if you hire seasonal staff, read my piece on contracts for part-year workers.
My verdict
For most small employers the working time rules come down to three numbers: 48 hours on average, 11 hours' rest and a 20-minute break after 6 hours. If anyone regularly goes over 48, get a written opt-out, keep it on file, and accept that they can cancel it. And if you employ night workers, keep their hours records for at least 2 years, because the rules require it.
Frequently asked questions
What is the working time directive in the UK?
It's the name people still use for the UK Working Time Regulations, which limit average weekly working time to 48 hours and set rest break rights.
Is the 48-hour week a weekly limit?
No. It's an average, normally over 17 weeks, so some weeks can be longer if the average stays under 48.
Can my employer make me opt out of the 48-hour week?
No. Opting out must be voluntary and in writing, and you can't be sacked or treated unfairly for refusing.
How do I cancel a working time opt-out?
Give your employer at least 7 days' notice, or up to 3 months if your agreement says so, even if the opt-out is in your contract.
Are rest breaks paid in the UK?
Not necessarily. The 20-minute break doesn't have to be paid unless your contract says so.
Do under-18s have different working time limits?
Yes. Their hours can't be averaged, and they can't work more than 8 hours a day or 40 hours a week.
What are the night work limits?
Night workers mustn't work more than an average of 8 hours in 24, and they can't opt out of that limit.
