Table of Contents
In Short
- Employees in the UK cannot work more than 48 hours a week on average (over 17 weeks), unless they opt out.
- Some roles are exempt from the 48-hour limit, and under-18s have stricter limits.
- Employers must keep records of working hours and opt-out agreements for compliance.
Tips for Businesses
Make sure you track working hours and check if any staff have more than one job. If an employee opts out of the 48-hour limit, get it in writing and keep it on file. Regularly review working patterns to ensure you are meeting your obligations, especially for younger workers or shift-based roles.
As an employer in the UK, it is crucial to understand the legal limits on your employees’ working hours. These regulations, enforced by the Health and Safety Executive (HSE), are designed to protect workers’ well-being and ensure a healthy work-life balance.
Did you know there is a cap on weekly working hours, unless your employee opts out? Or that you have specific record-keeping obligations?
In this article, we will walk you through:
- the core rules governing working times;
- maximum weekly working hours and their exceptions;
- your responsibilities as an employer; and
- essential record-keeping requirements.
Whether you are a new business owner or looking to refresh your knowledge, this article will equip you with the key information you need to stay compliant and effectively support your workforce.
What is the Maximum Time a Person Can Work in a Week?
There are legal limits on the number of hours a person can work within a week, known as the Working Time Regulations. The legal limit over one week is 48 hours, usually averaged over 17 weeks. The daily limit is an average of 8 hours. Notably, it does not matter if your employee has another job besides your business. The 48-hour average weekly limit applies across both positions, and you must be aware of this to ensure that you are not inadvertently breaching your obligations.
What are Working Hours?
Understanding your employees’ working hours is crucial for determining whether they work within the legal limit of 48 hours on average per week.
The following count as working hours:
- training for their job;
- travelling when carrying out their job, such as between clients;
- working from home;
- taking a working lunch;
- working overseas;
- when employees are on call to work and have to carry out tasks you have requested of them;
- overtime work regardless of whether or not you pay for it, provided you request the unpaid overtime and your employee agrees to it; and
- anything which their contract states is ‘working time’.
The following do not count as working hours:
- breaks during the working day where no work occurs;
- travelling which you do not ask them to do and does not occur within their usual hours of work;
- travel to and from work unless your employee does not have a set place of work (peripatetic workers); and
- unpaid overtime where your employee offers to do this without you requesting it.
What are the Exceptions to the Weekly Working Hours Limit?
There are two main exceptions to the legal maximum weekly working hours. One is where your staff ‘opt out’ of the legal working week limit. The second exception concerns the job the employee carries out.
If your employee decides to opt out, they must sign an ‘opt-out agreement’ with you that is separate from their employment contract. You are not legally obliged to offer a higher rate of pay for the hours worked over the legal limit since your employee has volunteered to opt out.
Notably, an opt-out agreement can be cancelled with the relevant notice stated in their employment contract. You cannot require them to give more than three months’ notice; if you have not specified the notice, the legal requirement is seven days.
This factsheet outlines key developments in 2025 affecting workforce management. In particular, the proposed Employment Rights Bill (2024) will drive significant changes, anticipated to start late 2025.
Regarding the second exception, the 48-hour working week does not apply to the following roles:
- 24-hour staffing;
- working in the emergency services or the army;
- working as a seafarer or sea-fisherperson or on vessels on inland waterways;
- security or surveillance;
- being a private household domestic servant; or
- where the time they work is not calculated, for example, where they decide when they work.
Record Keeping
Furthermore, you must keep a record of the hours your employees work where they have not opted out of the 48-hour average weekly requirement. This is so you can prove you have complied with the legal requirements.
Key Takeaways
There are rules about how many hours your employees can work per week, and unless they opt out of this, you must comply. However, there are some job types where you can require your employees to work more than the weekly legal limit, regardless of whether or not they have opted out. For example, where you require 24-hour staffing or your business concerns security or surveillance. In addition, you must keep records about your employees’ weekly working hours to prove that you comply with the law, and records of when employees have opted out.
If you need help understanding the rules on working times in the UK, our experienced employment lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents for a low monthly fee. Call us today on 0808 196 8584 or visit our membership page.
Frequently Asked Questions
The standard working week in the UK is limited to an average of 48 hours over a 17-week period, and an employer cannot force an employee to work more than 48 hours a week on average. Any requirement to work overtime should be stated in an employment contract. However, employees can opt out of this limit if they wish.
Yes, young workers generally cannot work more than 8 hours a day or more than 40 hours per week. They must also have 12 hours of rest between working days.
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