The law on working time (The Working Time Regulations 1998) sets rules for:
- the maximum weekly working hours, and how you can work more hours if you choose
- rest during the working day, week and year
- young workers’ maximum working hours and rest breaks, By law, young workers must not work more than 8 hours a day or 40 hours a week
- night work
- special arrangements when there’s an emergency or if someone is not able to take their rest
- holiday entitlement
This is to protect everyone’s health, safety and wellbeing. It includes:
- agency workers
- apprentices
- casual and seasonal workers
- doctors in training
- zero-hours workers
The Working Time Regulations 1998 is the law that applies the EU Working Time Directive to England, Scotland and Wales.
What counts as working time
By law, working time is when you are:
- at your employer’s ‘disposal’ – i.e. your employer can determine the use of that time
- carrying out work activities, duties and training
Working time usually includes time spent:
- travelling to a customer or client, for example if your job is as a travelling salesperson
- training, if this is needed to do your job
- being on call while at the place of work, for example a hotel night manager who needs to be available in case guests need them
- doing anything that is treated as working time under a relevant agreement, generally your Contract of Employment and your written statement of employment particulars
What does not count as working time
Working time usually does not include:
- routine travel to and from home and the workplace if you have a set workplace, for example a regular commute to an office or factory
- rest breaks when no work is done
- training that is not work related, for example a course that you choose to do for yourself
Find out more about working time when someone has to travel as part of their job on the ACAS website
Keeping records of working hours
An employer does not need to keep records of all daily working hours. However they must keep records to prove that:
- workers are not working more than the 48-hour weekly maximum – this is unless they have an opt out agreement
- they are not breaking limits for night working
- they have offered regular health assessments for night workers
- young workers are not working during a restricted period
Employers must keep these records for 2 years from the date they were made.
If your employer does not follow the law
If you think that your employer is not following the law for working time, you could first try resolving it informally and if necessary by raising a grievance
If your employer still does not resolve the issue, you may be able to make a claim to an employment tribunal
If the issue relates to a safety concern report it to the Health and Safety Executive (HSE) or Ashford Borough Council environmental health team
When you can make a claim to an employment tribunal
You can make a claim to an employment tribunal if your employer has not followed the law on any of the following:
- rest breaks during the working day of at least 20 minutes, if you are expected to work more than 6 hours during the day
- daily rest of 11 hours between working days
- weekly rest of 24 hours any 7-day period, or 48 hours in a 14-day period
- holiday entitlement
You may also be able to claim if you have experienced detriment because you raised a concern about working time (whistleblowing)
What you can report
You can report it if your employer does not follow the law on any of the following:
- the 48-hour maximum weekly working time limit
- night work limits and night work special conditions
- transfers of workers from night to day work
- compensatory rest for night work
- health assessments for night work for adults and young workers
- record-keeping requirements
Get more advice and support
There is further guidance and a pay and work rights complaint form on GOV.uk