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The Working Time Regulations 1998 (WTR) set out rules on how long employees and workers can be asked to work — and the rest and holiday breaks they are legally entitled to.
Employers must take care to comply with these rules to avoid penalties, disputes, or tribunal claims. At Franklins Solicitors, we advise businesses on how to implement working time rules fairly and effectively, including opt-out agreements, shift planning, and minimum wage compliance.
The Working Time Regulations apply to most workers in the UK and cover the following core areas:
Workers must not be required to work more than 48 hours per week, averaged over a 17-week reference period — unless they have voluntarily opted out in writing.
Workers are entitled to a rest period of at least 11 consecutive hours in every 24-hour period during which they work.
Each worker is entitled to at least 24 hours’ uninterrupted rest per week, or 48 hours’ rest per fortnight.
If a worker’s daily shift lasts more than six hours, they are entitled to a minimum 20-minute rest break, which should not be taken at the start or end of the working day.
Workers are entitled to a minimum of 5.6 weeks of paid holiday per leave year (which includes public holidays, unless stated otherwise in their contract). For full-time employees, this equates to 28 days.
Working Time and National Minimum Wage (NMW) Compliance
Correctly classifying ‘working time’ is essential when calculating whether an employee has received the National Minimum Wage or National Living Wage. Common issues include:
Misclassifying time can lead to back pay claims, HMRC investigations, and reputational damage.
Who Is Covered by the Working Time Regulations?
The WTR applies to:
There are exceptions for sectors such as emergency services, armed forces, domestic servants, and certain transport workers, where different rules may apply.
Employees can choose to opt out of the 48-hour weekly limit, but this must be done:
We can help employers:
Breaching the WTR can result in:
Even unintentional non-compliance can be costly. That’s why proactive legal advice and robust internal procedures are essential.
We provide employers with expert advice on all aspects of the Working Time Regulations, including:
We also conduct Working Time Compliance Reviews to help employers identify and address risks before they escalate.
If you have questions about working hours, rest breaks, paid leave, or opt-out agreements — or want to audit your current practices —please contact our Employment Law team.
The WTR sets out the maximum weekly working hours, rest breaks, and holiday entitlements for workers in the UK. It aims to protect workers’ health and safety by regulating working hours and providing for adequate rest and leave.
The WTR stipulates that workers cannot work more than 48 hours per week on average, unless they choose to opt out of this limit voluntarily and in writing.
Workers have the right to a 20-minute rest break during their shift if they work more than six hours a day, and 11 hours uninterrupted rest between working days and 24 hours’ uninterrupted rest per week (or 48 hours’ uninterrupted rest per fortnight) .
Full-time workers have the right to 5.6 weeks’ paid holiday which is equivalent to  28 days of paid holiday per year. This can include public holidays.
One of the requirements includes that night workers must not work more than an average of 8 hours in a 24-hour period. Regular health assessments must also be offered to night workers.
Workers on zero-hours contracts are still entitled to rights under the WTR including rest breaks and paid holiday.
If you have any questions about employment law, please don’t hesitate to contact our team of experts who are on hand and ready to help you.
