The Working Time Regulations 1998 (WTR) set the minimum rights for workers on working hours, annual leave, and rest periods in the UK. The Regulations implement the EU Working Time Directive (retained in UK law after Brexit) and establish the 48-hour average working week, the right to 5.6 weeks of paid annual leave, and minimum daily and weekly rest periods. Most of these rights apply from day one of employment.
This guide covers the 48-hour week, annual leave entitlement, rest breaks, and the key employer obligations.
Key takeaways
- Workers must not work more than an average of 48 hours per week — unless they opt out in writing.
- Workers are entitled to 5.6 weeks of paid annual leave per year (28 days for a full-time worker).
- Workers are entitled to a 11-hour daily rest period and a 24-hour uninterrupted weekly rest period.
- Workers are entitled to a 20-minute rest break for every 6 hours worked.
- The Regulations apply to workers — including employees, agency workers, and some self-employed people.
The 48-hour week
The WTR limits working time to an average of 48 hours per week over a 17-week reference period. This is calculated as:
Total hours worked in the reference period ÷ Number of weeks in the reference period = Average weekly hours
If the average exceeds 48 hours, you are in breach of the Regulations — unless the worker has signed a written opt-out.
The opt-out
Workers can voluntarily opt out of the 48-hour limit by signing a written agreement. The opt-out must be:
- Freely given — not a condition of employment.
- Specific — it cannot be a blanket clause in the employment contract.
- Revocable — the worker can give 7 days’ notice to withdraw the opt-out.
You cannot pressure, incentivise, or require workers to sign an opt-out. If the opt-out is not voluntary, it is unenforceable.
Annual leave entitlement
The WTR grants workers a minimum of 5.6 weeks of paid annual leave per year. For a full-time worker, this equates to 28 days (5.6 × 5 days). For part-time workers, the entitlement is pro-rated.
| Working pattern | Annual leave entitlement |
|---|---|
| 5 days per week | 28 days |
| 4 days per week | 22.4 days |
| 3 days per week | 16.8 days |
| 2 days per week | 11.2 days |
| 1 day per week | 5.6 days |
Bank holidays can be counted as part of the statutory entitlement — your contract can specify this.
Accrual during leave
Workers continue to accrue annual leave during periods of sick leave, maternity leave, and other statutory leave. The accrual rate is 1/12th of the annual entitlement for each month of absence.
Carry-over
Workers can carry over up to 4 weeks of unused statutory leave to the next leave year, provided they were unable to take it due to sickness, maternity leave, or because the employer failed to allow them to take it.
The remaining 1.6 weeks (the additional contractual entitlement) can be carried over only if your contract allows it.
Rest periods
The WTR provides two key rest periods:
Daily rest
Workers are entitled to an uninterrupted rest period of at least 11 consecutive hours in every 24-hour period. This means if a worker finishes at 10pm, they cannot start work before 9am the next day.
Weekly rest
Workers are entitled to an uninterrupted rest period of at least 24 consecutive hours in every 7-day period (or 48 hours in every 14-day period). This is in addition to the 11-hour daily rest.
Rest breaks during work
Workers are entitled to a rest break of at least 20 minutes when working more than 6 hours. The break must be:
- Uninterrupted — the worker must be free to leave their workstation.
- Away from work — not at the desk or on the production line.
| Rest requirement | Minimum period |
|---|---|
| Daily rest | 11 consecutive hours |
| Weekly rest | 24 consecutive hours (or 48 in 14 days) |
| Break during work | 20 minutes per 6 hours worked |
Night work
Night workers (those working at least 3 hours during the night period, typically 11pm–6am) have additional protections:
- Night work must not exceed an average of 8 hours per 24 hours over a 17-week reference period.
- Night workers are entitled to a free health assessment before starting night work and at regular intervals thereafter.
- Night workers should not be required to work more than 8 hours in any 24-hour period unless they have agreed to an opt-out.
Exemptions
Some workers are partially or fully exempt from certain WTR provisions:
| Category | Exempt from |
|---|---|
| Armed forces | All WTR provisions |
| Workers on vessels | Some rest period provisions |
| Managers and executives | Maximum working hours (if opt-out signed) |
| Seasonal workers | Annual leave carry-over rules |
| Mobile workers | Some provisions (covered by separate EU rules) |
Employer obligations
UK employers have five core duties under the WTR:
- Record working hours — you must keep records to demonstrate compliance with the 48-hour average.
- Provide minimum rest periods — 11 hours daily, 24 hours weekly, and 20-minute breaks.
- Grant statutory annual leave — at least 5.6 weeks per year.
- Do not require opt-outs — the 48-hour opt-out must be voluntary.
- Ensure night workers receive health assessments — before starting night work and periodically thereafter.
For more UK context, see our guides to annual leave entitlement, bank holiday entitlement, and notice periods.
Frequently asked questions
What is the maximum working week in the UK?
There is no absolute maximum. The WTR limits working time to an average of 48 hours per week, but workers can opt out in writing. Without an opt-out, 48 hours is the maximum.
How much annual leave am I entitled to?
5.6 weeks per year, which is 28 days for a full-time worker (5 days per week). Bank holidays can be included in this entitlement.
Do bank holidays count towards my annual leave?
Yes, unless your contract provides additional bank holidays on top of the statutory entitlement. Many employers include bank holidays as part of the 28-day entitlement.
Can my employer refuse to let me take annual leave?
Yes, your employer can refuse a specific request for annual leave, but they must allow you to take your statutory entitlement. They can also require you to take leave at specific times (e.g., a Christmas shutdown) if your contract allows it.
Does annual leave accrue during sick leave?
Yes. Statutory annual leave continues to accrue during periods of sickness absence for up to 54 weeks.
Putting it into practice
Five steps keep your working time compliance on track:
- Record working hours for all workers — use a timesheet or time-tracking system.
- Monitor the 48-hour average and flag any periods where it is exceeded.
- Grant minimum rest periods — do not schedule shifts that breach the 11-hour daily rest.
- Track annual leave entitlements and ensure all statutory leave is taken.
- Offer the 48-hour opt-out voluntarily — do not pressure or require it.
A leave management system that tracks working hours, manages annual leave entitlements, and monitors rest periods keeps the Working Time Regulations compliance simple and automated.
Sources
- GOV.UK — Working time regulations (primary source)
- Working Time Regulations 1998
- ACAS — Working time and time off
Last updated: 26 July 2026. This article is general information, not legal advice. Working time regulations are complex — confirm current obligations with ACAS or seek legal advice.