Working Time Regulations: Quick Reference

The Working Time Regulations 1998 (WTR) are UK employment law that govern maximum weekly working hours, minimum rest periods, and statutory annual holiday entitlement for workers. They implement the EU Working Time Directive (which the UK retained post-Brexit) and establish the baseline protections that every employer in the UK must provide. If you employ anyone in the UK, the WTR are non-negotiable — they set the floor for working hours and leave, and no employment contract can provide less than what the Regulations guarantee.

This guide covers the key rules at a glance, including maximum hours, rest requirements, holiday entitlement, and the opt-out provisions.

Key Takeaways

• The Working Time Regulations 1998 set a maximum 48-hour working week (averaged over 17 weeks) and a minimum 5.6 weeks (28 days) of paid annual leave.
• Workers are entitled to daily rest (11 consecutive hours), weekly rest (24 consecutive hours), and in-work rest breaks.
• Workers can opt out of the 48-hour maximum, but must do so in writing and can revoke the opt-out with 7 days’ notice.
• The WTR apply to most workers, including part-time and agency workers — there are very few exemptions.
• Employers must keep adequate records to demonstrate compliance, though the 2024 deregulation reforms relaxed some record-keeping requirements.

Maximum Weekly Working Hours

The headline rule of the WTR is the 48-hour cap on average weekly working time. This is calculated as an average over a reference period of 17 weeks.

Key points:

• 48 hours per week is the maximum, averaged over 17 weeks.
• Individual weeks can exceed 48 hours, provided the 17-week average remains at or below 48.
• Opt-out available: Workers can voluntarily agree to work more than 48 hours per week by signing a written opt-out. The opt-out cannot be a condition of employment — it must be genuinely voluntary.
• Revocation: Workers can revoke their opt-out with 7 days’ notice (or longer if agreed, up to 3 months).

Working Hours	Rule
Maximum average weekly hours	48 hours (averaged over 17 weeks)
Reference period	17 weeks
Opt-out	Voluntary, written, revocable with 7 days’ notice

Note: Some sectors have different limits. For example, workers aged 16–17 have a 40-hour weekly limit, and night workers have an average 8-hour limit per 24-hour period.

Minimum Rest Periods

The WTR establish two types of rest:

Daily Rest

Every worker is entitled to an uninterrupted rest period of at least 11 consecutive hours in every 24-hour period. This means if you finish work at 10 PM, you cannot be required to start work before 9 AM the next day.

Weekly Rest

Every worker is 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 if the employer uses the two-week reference period).

In-Work Breaks

Workers who work more than 6 hours in a day are entitled to an uninterrupted rest break of at least 20 minutes. This break must be taken during the working period — not at the start or end of the shift.

Rest Type	Minimum Duration	Reference Period
Daily rest	11 consecutive hours	Every 24 hours
Weekly rest	24 consecutive hours	Every 7 days (or 48 hours per 14 days)
In-work break	20 minutes	When working 6+ hours

Statutory Annual Holiday Entitlement

The WTR guarantee every worker a minimum of 5.6 weeks of paid annual leave per year. For a full-time worker working 5 days per week, this equals 28 days. Part-time workers receive a pro-rated entitlement.

Important details:

• 28 days is the maximum statutory entitlement (5.6 × 5 days). Even if a worker works 6 or 7 days a week, the statutory minimum is capped at 28 days.
• Bank holidays: The 28 days can include the 8 UK bank holidays. Many employers offer more than the statutory minimum and do not count bank holidays toward the 28.
• Accrual in year one: During the first year of employment, holiday accrues at a rate of 1/12 of the annual entitlement per month worked.
• Carryover: Workers must be given a “reasonable” opportunity to take their leave. The Employment Rights (Employment Particulars and Paid Annual Leave) (Amendment) Regulations 2018 confirmed that untaken statutory leave can carry over to the next year if the employer has not encouraged the worker to take it.
• Payment in lieu: Employers cannot pay workers in lieu of untaken statutory holiday except on termination of employment.

Holiday Entitlement Calculator

Working Days Per Week	Statutory Annual Leave (Days)
5 days	28 days
4 days	22.4 days (rounded to 22 or 23 depending on policy)
3 days	16.8 days
2 days	11.2 days
1 day	5.6 days

The Opt-Out Provision

The opt-out allows workers to voluntarily work more than 48 hours per week. It is widely used in sectors with long-hours cultures (finance, healthcare, hospitality).

Rules for a valid opt-out:

1. Must be in writing — a verbal agreement is not sufficient.
2. Must be voluntary — it cannot be a condition of employment or a prerequisite for hiring.
3. Must specify the upper limit — or state that there is no upper limit (though employers should ensure health and safety are not compromised).
4. Worker can revoke — with 7 days’ notice (or up to 3 months if agreed).
5. Employer must keep records — of opt-out agreements for each worker.

Important: The opt-out does not override daily or weekly rest requirements. Even with an opt-out, workers are still entitled to 11 hours daily rest and 24 hours weekly rest.

Who Is Exempt?

The WTR apply to virtually all workers in the UK. However, a few categories are excluded or have different rules:

• Armed forces — Military personnel are covered by separate regulations.
• Mobile workers — Transport workers covered by EU Regulation 561/2006 have different rest rules.
• Workers on ships, aircraft, and offshore installations — Specific exemptions apply.
• Self-employed individuals — The WTR only apply to workers, not the genuinely self-employed.

Frequently Asked Questions

Can my employer force me to work more than 48 hours a week?

Yes, if you have signed a written opt-out. Without an opt-out, the 48-hour average weekly limit is a legal maximum and cannot be exceeded by employer request. If you have not signed an opt-out and your employer requires more than 48 hours, the employer is in breach of the WTR.

Do the Working Time Regulations apply to part-time workers?

Yes. The WTR apply to all workers, regardless of how many hours they work. Part-time workers are entitled to the same rest periods and a pro-rated annual leave entitlement (5.6 weeks multiplied by their number of working days per week).

What happens if my employer does not give me my statutory holiday?

If your employer refuses to grant your statutory holiday entitlement or does not pay you for it, you can bring a claim to an employment tribunal. Claims must generally be brought within 3 months of the date the holiday was due. ACAS provides guidance on the process.

Does the 48-hour rule apply to salaried employees?

Yes. The WTR apply to all workers, including salaried employees. The 48-hour rule is based on actual working hours, not contractual hours. If a salaried employee regularly works more than 48 hours per week, the employer must have a valid opt-out on file.

How are bank holidays counted in holiday entitlement?

The 8 UK bank holidays can be included within the statutory 28-day annual leave entitlement. Many employers choose to give bank holidays on top of the 28 days, but the law only requires 5.6 weeks in total. Bank holidays cannot be forced onto workers as holiday days without agreement — the timing of leave is a matter for agreement between employer and worker under the WTR.