WORKPLACE ANSWER
What are my rights around working hours?
Understand the main UK rules around working time, rest breaks, time between shifts, weekly rest and night work.
Quick Answer
There are rules that limit working time and give most workers minimum periods of rest. These sit alongside whatever working hours you have agreed with your employer.
For most adult workers, working time should not normally exceed an average of 48 hours a week, although you can usually choose to opt out of this limit. There are also minimum rights to rest during the working day, between working days and during the working week.
Additional rules apply to night workers, and different arrangements can apply to some jobs and circumstances.
If you are concerned about the hours you are actually working, start by recording your working time and comparing it with both your contract and the working-time rules that apply to your situation.
What Counts as Working Time?
Working time is not always the same as the hours shown on your normal work schedule.
It generally includes time when you are working, carrying out duties or required work-related training and are at your employer's disposal.
Depending on the circumstances, working time can include:
- your normal working hours;
- paid or unpaid overtime your employer requires you to work;
- work-related training;
- travelling as part of your job;
- time spent working away from your normal workplace;
- and some periods when you are required to be on call.
An ordinary commute to and from a fixed workplace will not normally count as working time. Rest breaks where you do no work will also normally be excluded.
Some situations, including on-call work, sleep-in arrangements and jobs involving significant travel, can be more complicated.
If you regularly work outside your normal scheduled hours, keep a record of the time you actually spend working rather than looking only at your contracted hours.
Is There a Limit on How Many Hours I Can Work?
For most adult workers, working time should not exceed an average of 48 hours a week. The average is normally calculated over a 17-week reference period.
This means the rule does not usually prevent you from working more than 48 hours in a particular week. What normally matters is your average working time across the relevant period.
Most adult workers can choose to opt out of the 48-hour average weekly limit. An opt-out should be voluntary.
Some jobs and circumstances have different working-time arrangements or exceptions, and different rules apply to young workers.
If you have more than one job, your working time across your jobs can also be relevant when considering the weekly limit.
Am I Entitled to a Break During My Working Day?
Most adult workers are entitled to an uninterrupted 20-minute rest break if they work for more than six hours in a day.
The break should be taken during the working day rather than simply being added to the beginning or end of it.
There is no general requirement for this statutory rest break to be paid. Whether your break is paid will usually depend on your employment contract or workplace arrangements.
Your employer can normally decide when the break is taken, provided the relevant rest requirements are met.
Some workers and occupations have different arrangements, and in certain circumstances compensatory rest may apply instead.
How Much Rest Should I Get Between Working Days?
Most adult workers are normally entitled to 11 consecutive hours of rest between working days.
For example, if you finish work at 8pm, you would normally have a rest period lasting until 7am the following day.
This can be particularly relevant if you:
- work shifts;
- regularly finish late and start early;
- work substantial overtime;
- are called back into work;
- or have changing working patterns.
There are circumstances where the normal rest rules work differently. Where a worker cannot receive the normal rest period because an exception applies, compensatory rest may be relevant.
Am I Entitled to Weekly Rest?
Most adult workers are normally entitled to regular uninterrupted time away from work each week.
This is generally:
- 24 uninterrupted hours of rest in each seven-day period; or
- 48 uninterrupted hours of rest in each 14-day period.
Your employment contract or workplace arrangements may provide more rest than the statutory minimum.
As with daily rest, some jobs and working arrangements have different rules or can use compensatory rest in particular circumstances.
What Rights Apply If I Work at Night?
Night workers have additional working-time protections.
A worker who regularly works at least three hours during the night period can fall within the night-work rules. The standard night period is 11pm to 6am, although a different seven-hour period that includes midnight to 5am can be agreed in writing.
Night workers should not normally work more than an average of eight hours in each 24-hour period.
There are stricter rules where night work involves special hazards or heavy physical or mental strain.
Employers also have responsibilities around health assessments for night workers.
Night-working rules contain detailed exceptions and different arrangements for some occupations, so consider checking the rules that apply to your particular work if you regularly work nights.
What If I Cannot Take My Normal Rest?
There are situations where the normal rules on daily or weekly rest and rest breaks can work differently.
This can happen in certain jobs, shift arrangements, emergencies or work that requires continuity of service or production.
In some circumstances, a worker who cannot receive their normal rest may instead be entitled to compensatory rest — equivalent rest at another time.
The exceptions can be detailed and depend on the type of work and the circumstances.
If regularly missing breaks or rest periods is part of your job, do not simply assume that the normal rules do not apply. Ask your employer what working-time arrangement it is relying on and consider checking the rules for your occupation.
What If I Think I'm Working Too Many Hours or Not Getting Enough Rest?
Start by keeping a record of the hours you actually work and the breaks and rest periods you receive.
Compare this with:
- your employment contract;
- your normal work schedule or rota;
- any overtime arrangements;
- any working-time opt-out you have signed;
- and the working-time rules that apply to your situation.
If something does not look right, you can ask your employer to explain how your working time is being calculated and how your breaks and rest are being managed.
If you believe you are regularly working excessive hours, missing rest you should receive or that your working pattern is affecting your health and safety, consider raising the issue and getting further advice if necessary.
What If My Employer Wants to Change My Working Hours?
Things To Think About
What Usually Happens Next
Frequently Asked Questions
How many hours can I legally work each week?
For most adult workers, working time should not normally exceed an average of 48 hours a week, usually averaged over 17 weeks. Most adults can choose to opt out of this average weekly limit, although exceptions and different arrangements apply to some types of work.
Am I entitled to a lunch break at work?
Most adult workers are entitled to an uninterrupted 20-minute rest break if they work for more than six hours. The law does not generally require that statutory break to be paid, although your contract or workplace arrangements may provide a longer or paid break.
How much time should I get between shifts?
Most adult workers are normally entitled to 11 consecutive hours of daily rest between working days. Different arrangements can apply in some jobs and circumstances, with compensatory rest sometimes provided instead.
Can I choose to work more than 48 hours a week?
Most adult workers can voluntarily opt out of the average 48-hour weekly limit. An opt-out does not remove the other working-time protections that apply to you, such as relevant rights to rest and breaks. Different rules apply in some occupations and to young workers.
Do the same working-time rules apply to every job?
No. Some occupations and working arrangements have different rules or exceptions, including certain transport work, emergency services, jobs requiring continuity of service and some shift-working situations. Young workers also have different protections. If you are unsure, check the rules for your particular work.
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Important: WorkAnswers provides general workplace information and guidance. It is not a substitute for legal advice about your specific situation.
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