Your normal working hours should be set out in your contract of employment. Unless you choose to (or you work in a sector with its own special rules) you should not have to work more than 48 hours a week on average.
Your terms of employment should say what hours and working patterns are involved in your job. You might not have a written contract, but employees must be given written particulars of their main terms and conditions - including the working hours - within two months of starting.
Most workers should not have to work more than an average of 48 hours a week, according to the Working Time Regulations. The 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. You can work more than 48 hours in one week as long as the average is less than 48.
There are special rules for some workers, such as young workers, trainee doctors and mobile workers in the transport industry.
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 turn 16) you are classed as a young worker.
Young workers cannot usually be made to work more that eight hours a day or 40 hours a week. These hours can't be averaged over a longer period. There are some exceptions to these rules.
As well as carrying out your normal duties, your working week includes:
Your working week does not include:
If you are 18 or over and wish to work more than 48 hours a week, you can choose to opt out of the 48 hour limit. This must be voluntary and in writing. It can't be an agreement with the whole workforce and you should not be sacked or subjected to a detriment (for example, refused promotion or overtime) for refusing to sign an opt-out.
If you sign an opt-out, you have the right to cancel this agreement at any time by giving between one week and three months' notice. You can agree this notice period with your employer when you sign the opt-out. You can cancel an opt-out even if it's part of a contract you have signed. If you work in certain sectors, you can't opt out of the 48-hour limit to your working week.
Your working week is not covered by the Working Time Regulations if you work in the following areas:
Most workers have the right to take breaks, but whether or not you are paid for them depends on the terms of your employment contract. There are special rules about rest breaks fo some types of worker - especially those working in the transport industry.
Types of breaks
You will normally have a variety of different breaks from work. These can be broken down into three types
The second and third types of break are almost never paid (unless you have to remain 'on call'). The first type is often paid but does not have to be unless your contract says so.
How much break time do you get?
The amount of break time you get is usually agreed with your employer. It may be written down somewhere or might just be part of your employer's standard practice.
The law sets requirements on rest breaks in two ways:
Some people are not covered by the Working Time Regulations - mainly those working in the transport industry (see below for more).
Your employer must give you at least the rest breaks required by the Working Time Regulations but must also ensure that your health and safety is not put at risk. This means that your employer might have to give you more than the amount set out in the regulations, if this reduces a health and safety risk.
If you use a computer
If you use display screen equipment - computers, for example - your employer should plan your work so that you can take regular breaks from looking at the screen.
Rest breaks - a break during your working day
If you're an adult worker (that is, over 18), you'll normally have the right to a 20 minute rest break if you're expected to work for more than six hours at a stretch.
A lunch or coffee break can count as your rest break. Additional breaks might be given by your contract of employment. There's no statutory right to 'smoking breaks'.
If you're under 18 but over school leaving age (you're under school leaving age until the end of summer term of the school year in which you turn 16) you're classed as a 'young worker'. A young worker is entitled to a 30 minute rest break if they are expected to work for more that four and a half hours at a stretch.
The requirements are:
Daily rest - a break between working days
If you're an adult worker you usually have the right to a break of at least 11 hours between working days. A young worker has a right to a break of at least 12 hours between working days.
Weekly rest - the 'weekend'
If you're an adult worker you usually have the right to 24 hours clear of work each week or 48 hours clear each fortnight.
If you're a young worker (see above), you must have at least 48 hours clear of work every week. If the nature of the job makes it unavoidable, e.g. if you work split shifts, then the 48 hours could be reduced to 36 hours so long as time off is given later in compensation.
The rights to breaks apply differently to you if:
Instead of getting normal breaks, you're entitled to 'compensatory rest', which is rest taken later, ideally during the same or following working day. The principle is that everyone gets 90 hours rest a week on average, although some rest may come slightly later than normal.
There are separate special rules for mobile workers in air, sea and road transport. The armed forces, emergency services and police are excluded in some circumstances.
Do you have to take your breaks?
It is recommended that you take your rest breaks, as they are there to protect your health and safety and it is your entitlement. Your employer can make you take a break if your contract allows them to.
What to do if you are not allowed to take a break
If your job is organised so that you can't take breaks, or if your employer does not allow you to take them, you should first raise the matter with your manager. If you have an employee representative like a trade union official or health and safety representative, they can take up the matter for you. Ultimately you can make a claim to an Employment Tribunal (or Industrial Tribunal in Northern Ireland), or to the Health and Safety Executive.
Overtime generally means any work over the basic working hours included in your contract. Regulations say that most workers can't be made to work more than an average of 48 hours a week, but they can agree to work longer. This agreement must be in writing and signed by you.
Overtime pay
There's no legal right to pay for working extra hours, and there are no minimum statutory levels of overtime pay, although your average pay rate must not fall below the National Minimum Wage. Your contract of employment should include details of overtime pay rates and how they're worked out.
Overtime rates vary from employer to employer, some will pay extra for working weekends or Bank Holidays, and others won't.
Time off instead of pay for working overtime
Instead of paying for overtime, some employers offer 'time off in lieu' (TOIL). This is agreed between you and your employer, and any time you take off will normally be at a time that suits the employer. Some companies have rules on when time off can be taken, but others arrange time off on a case by case basis.
Overtime and payment for time off
Overtime is not usually taken into account when working out holiday pay or paid maternity, paternity or adoption leave. However, it is taken into account when the overtime is guaranteed and you have to work the overtime as part of your contract of employment.
Can you be forced to work overtime, or stopped from doing so?
Your contract of employment should include the conditions for working overtime. You only have to work overtime if your contract says so. Even if it does you can't usually be forced to work more than an average of 48 hours per week. If you're told to work more than this and you don't want to, you should first take it up with your employer.
Unless your contract guarantees you overtime your employer can stop you working it. But your employer must not discriminate against you, or bully you, by letting others work overtime but stopping you from doing so.
Your contract of employment should say what your normal working hours and days are, and this may include or exclude working on Sundays. Whether this counts as overtime working depends on your contract of employment. Workers in betting premises and in retail shops can choose to opt out of working on a Sunday.
Overtime for part-time workers
Unless it says differently in their contract of employment, employers will usually only pay overtime to part-time workers when they work:
It is a legal requirement that part-time workers must not be treated less favourably than full-time staff.
Changes to patterns of work
Your employer may need to change your conditions or patterns of work because of business or economic factors. However, your contract of employment can only be changed if both you and your employer agree to this. It's a breach of contract to change your working conditions without your agreement.
Finding out more about how your overtime is managed
Firstly, check your contract of employment for details of how overtime is worked out and what the rates of pay should be. If you don't have a written contract, you may find the article on contracts of employment helpful. Remember that your employer must by law give you written terms and conditions within two months of starting work.
If anything is not clear, you should take up the problem with your employer. You might find it helpful to ask an employee representative, such as a trade union official, to help you. You should also look at the papers you were given when you started work, such as the written statement of terms, and an employee's handbook if one was provided.
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