Last amended by Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023 in 2023. Post-Brexit reform — simplified holiday-pay and record-keeping rules and introduced rolled-up holiday pay for irregular-hours and part-year workers (in force from 2024).
Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.
Territorial extent: Regulation 1(2): "These Regulations extend to Great Britain only."
Source: legislation.gov.uk extent data (E+W+S)
Summary
The Working Time Regulations 1998 are the statutory instrument that originally implemented the EU Working Time Directive in Great Britain and remain the principal source of working-time and annual-leave rights for workers. They cap average weekly working time at 48 hours over a 17-week reference period (reg 4), from which an individual worker may opt out by written agreement, and they regulate night work (reg 6). They guarantee daily rest of 11 consecutive hours (reg 10), a weekly rest period (reg 11), and an in-work rest break where the day exceeds six hours (reg 12). They also confer 5.6 weeks (28 days) of paid annual leave (regs 13 and 13A). After the UK's departure from the EU the Regulations were retained and then reformed, including simplified holiday-pay and record-keeping rules and rolled-up holiday pay for irregular-hours and part-year workers from 2024.
Key Points
- Maximum 48-hour average working week over a 17-week reference period (reg 4)
- Individual opt-out from the 48-hour limit by written agreement
- 5.6 weeks (28 days) paid annual leave (regs 13 and 13A)
- Rest break of at least 20 minutes where daily working time exceeds 6 hours (reg 12)
- Daily rest of 11 consecutive hours (reg 10) and a weekly rest period (reg 11)
- Night work limited to an average of 8 hours in any 24-hour period (reg 6)
Parts & Sections
Amendments History
2007 — Working Time (Amendment) Regulations 2007
Increased paid annual leave in stages to 5.6 weeks (28 days) by adding the reg 13A 'additional leave'.
2023 — Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023
Post-Brexit reform — simplified holiday-pay and record-keeping rules and introduced rolled-up holiday pay for irregular-hours and part-year workers (in force from 2024).
Frequently asked questions
- What is the maximum number of hours I can work in a week?
- The Working Time Regulations 1998 limit a worker's average working time, including overtime, to 48 hours over a 17-week reference period. However, an individual worker may choose to opt out of this specific limit by entering into a written agreement with their employer.
- How much paid annual leave am I entitled to?
- Workers are entitled to 5.6 weeks, or 28 days, of paid annual leave each year. This total entitlement is made up of core annual leave and additional leave provisions. The regulations were reformed post-Brexit to simplify holiday-pay rules and introduce rolled-up holiday pay for irregular-hours and part-year workers from 2024.
- Do I have a right to a break during my working day?
- If your daily working time exceeds six hours, you are entitled to a rest break of at least 20 minutes. Additionally, the regulations guarantee a daily rest period of 11 consecutive hours and a weekly rest period to ensure adequate recovery between working days.
- Are there specific rules for night work?
- Night work is regulated to limit a night worker's normal hours to an average of 8 hours in any 24-hour period. The regulations also require that health assessments be carried out for workers who are classified as night workers to monitor their well-being.
- What can I do if my employer ignores my working time rights?
- If an employer refuses to permit the exercise of a working-time right, such as rest or paid leave, a worker can complain to an employment tribunal. The regulations also provide for enforcement by the Health and Safety Executive and local authorities, which may include criminal offences for serious breaches.