Working Time Regulations

Under the Working Time Regulations 1998, your employer cannot require you to work more than an average of 48 hours per week unless you have signed a valid individual opt-out agreement. The 48 hours is an average calculated over a 17-week reference period — so some weeks can be longer and some shorter, provided the average does not exceed 48 hours.

Working time includes all time you are at the employer's disposal and carrying out your activities or duties. It does not include rest breaks or time spent on call at home (in most cases). Travelling to and from work is generally not working time, except for workers with no fixed place of work (such as mobile workers) for whom travel from their home to a client may count.

Your employer must take all reasonable steps to ensure the average does not exceed 48 hours. They cannot simply ignore the limit — if they are aware you are routinely exceeding it, they must act.

Workers can voluntarily agree to work more than 48 hours per week by signing an individual written opt-out agreement. Key rules:

• The opt-out must be voluntary — you cannot be forced to sign one as a condition of employment or offered inducements to sign.
• It must be in writing and signed by you personally.
• You can cancel the opt-out at any time by giving your employer at least seven days' notice (or up to three months if your opt-out specifies a longer cancellation period).
• Your employer cannot dismiss or penalise you for refusing to sign an opt-out, or for cancelling one you have already signed.

Even with an opt-out in place, you are still protected by the minimum rest break entitlements and daily and weekly rest requirements — these cannot be opted out of. Young workers (aged 16–17) cannot opt out of the 48-hour limit at all.

Employers are required to keep adequate records to show compliance with the 48-hour average limit (and to be able to demonstrate that opted-out workers are not being forced to work excessive hours in a way that endangers their health and safety). Since a Court of Justice ruling, the obligation to keep records is significant.

If you believe you are being required to work more than 48 hours a week without an opt-out, or that your rest entitlements are not being met, you can:

• Raise the matter informally or through a written grievance with your employer
• Report a concern to the Health and Safety Executive (for health and safety aspects) or the Employment Tribunal (for contractual enforcement)
• Bring a claim in the Employment Tribunal for breach of the Working Time Regulations

Time limits for Employment Tribunal claims under the Working Time Regulations are three months less one day from the date of the breach.