Breaks at Work, Overtime, and Working Hours – Essential UK Employee Rights

Once upon a time, 9 to 5 was the national standard workday. Today, with flexible working, increased work expectations, and technological advances accelerating many elements of most professions, this is no longer necessarily the case. Nevertheless, under UK law, all employees have certain rights relating to working hours and breaks at work, to which employers are obliged to comply. Read on to find out more.

What Are the Working Time Regulations 1998?

The Working Time Regulations 1998 (WTR) govern working hours in the UK. For the purposes of the regulations, “working hours” means the time when a worker is working, training, or is otherwise at the business’s disposal. This doesn’t include when the worker commutes to and from their workplace or attends work-related social events, though.

Essentially, the WTR impose requirements on employers concerning working hours and workers’ rest breaks. They cover the maximum number of hours employees can work, rest breaks they must take, and additional protections in specific situations, such as for night workers and young workers.

The WTR apply to most employees and workers in the UK. This includes those working full and part-time, agency workers, and freelancers. Exceptions apply to those working in the armed forces and police force, as well as those whose “working time is not measured or pre-determined”, which is likely to include senior managers.

Workers can opt out of the maximum working hours limitation under the WTR. This would mean they could work more hours than specified under the regulations. However, it’s important to note that this must be made voluntarily and in writing. Furthermore, even after opting out, all other regulation requirements would still apply, including the rights to breaks at work and holidays.

Working Hours and Breaks at Work

How Many Hours Can an Individual Work?

Under the WTR, the maximum number of hours a worker should work a week is 48. Employers must take all reasonable steps to ensure their workers’ average hours don’t exceed this amount.

For night workers (i.e. those working between 11:00 pm and 06:00 am), employers must take all reasonable steps to ensure that their average working hours don’t exceed eight hours daily. This obligation becomes absolute for night workers whose duties involve special hazards or heavy physical or mental strain. Night workers are also entitled to regular free health assessments to ensure that night work is not negatively impacting their health.

For workers who’ve opted out of the 48-hour work week, this requirement won’t apply. However, employers need to keep records of all opt-outs over the past two years. What’s more, night workers can’t opt out of their equivalent working hours requirement.

What are the Entitlements for Rest Breaks at Work?

The WTR also entitle workers to a set number of breaks at work. Unless an employee’s employment contract states otherwise, rest breaks will be unpaid. For most workers, these include 11 consecutive hours of rest each day, 24 consecutive hours each week (or 48 each fortnight), and 20-minute rest breaks for every six consecutive hours worked. Workers are also entitled to 5.6 weeks’ holiday each year.

However, some exemptions apply to the right to rest breaks. These include, for example, those working in specific roles or sectors or shift workers. For workers exempt from these requirements, compensatory rest is generally required, i.e. an equivalent length of time to their cumulative rest entitlement.

For young workers (i.e. those aged 16 or 17), different rest break requirements apply. Such individuals would be entitled to 30-minute breaks for every 4.5 consecutive hours worked. In addition, they would be entitled to rest breaks of 12 consecutive hours every day and 48 consecutive hours every week.

UK Overtime Laws

Overtime is any time worked more than the amount specified in an employment contract. This may be voluntary or compulsory and, for the latter, guaranteed or non-guaranteed. Overtime may facilitate an increase in demand, for instance, during a busy period or to cover staff shortages.

Regardless of the type of overtime, all hours worked (including overtime) are governed by the WTR. As such, overtime will be included in the total hours worked and count towards the 48-hour weekly maximum. It should be noted that the maximum number of hours is based on averages. As such, some overtime may be permitted so long as the worker’s average number of hours worked over a 17-week period doesn’t exceed 48 hours per week.

Again, under UK overtime laws, workers can choose to opt out of the 48-hour maximum. In such a situation, the 48-hour weekly maximum will no longer apply, although workers will still be entitled to the relevant rest breaks under the WTR.

What If Workers’ Rights Are Breached?

If workers believe their rights have been breached, several options are available. This may be the case if, for instance, they are required to work more than 48 hours when they haven’t opted out or aren’t permitted breaks at work.

In the first instance, workers should consider raising their concerns with their manager or a member of the HR team. It may be that the employer was unaware of the issue. Workers can also file a formal grievance using their employer’s grievance procedure. Yet, if these options prove ineffective, workers might consider bringing a claim against their employer in the Employment Tribunal.

Workers might also report their concerns to the Health and Safety Executive or their local authority (depending on the employer). Failure to comply with the WTR is an offence that these can enforce. Potential penalties include improvement or prohibition notices, fines, and even imprisonment.

If you believe your employer isn’t upholding your rights under the Working Time Regulations 1998, Redmans Solicitors will be pleased to advise you. Contact our team of employment law experts to arrange an initial consultation. We will listen to your situation and assess whether you can bring a claim.

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