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Working hours

An overview of the Working Time Regulations and what your employees are entitled to.

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Disclaimer

Disclaimer: While every effort has been made to ensure the accuracy of the information contained in the Pink Book, we regret that we cannot be responsible for any errors. The Pink Book contains general information about laws applicable to your business. The information is not advice, and should not be treated as such. Read our full disclaimer.

Key facts

  • The Working Time Regulations 1998 (as amended) apply to all businesses that have employees.

  • You must take reasonable steps to ensure that employees do not work more than an average of 48 hours per week (excluding lunch breaks).

  • Employees are entitled to 5.6 weeks of paid leave per year, and rest periods of a specified length in each working day and in each seven-day period.

  • You must keep sufficient records to show that you are complying with the regulations.

Working time regulations

Are the regulations relevant to me?

Yes: the Working Time Regulations 1998 (as amended) apply to any accommodation providers that have employees, however small the business.

Which employees are covered by the regulations?

The regulations apply to anyone who is working for you – including trainees and young workers (those aged 16 and 17), but excluding the genuinely self-employed.

What are the requirements?

Working time

You are responsible for taking reasonable steps to ensure that employees do not work more than an average of 48 hours per week, excluding lunch breaks. (The number of hours worked each week should be averaged out over 17 weeks.)

  • Employees can choose to work longer, but the agreement must be in writing and signed by the worker. This is known as a Working Time Regulations Opt-Out Agreement.
  • Young workers may not ordinarily work more than eight hours per day or 40 hours per week. There is no opt-out possible from the young workers’ limitations.

Night-time workers

You are also responsible for taking reasonable steps to ensure that any night workers do not work on average more than eight hours in 24. There is no opt-out from the night work limits. Night workers are those who normally work at least three hours between 11pm and 6am.

  • You must offer a free health assessment to a night worker before they start working nights, and on a regular basis to ensure they are fit for night work.
  • Young workers may not ordinarily work between 10pm and 7am.
  • However, they may work between 10pm and midnight and between 4am and 7am in certain special circumstances (for example when working in a hotel, restaurant or pub, in catering and in retail).

Child employment

There are separate restrictions for employing children under the age of 16. These restrictions mean that children cannot be employed:

  • Before 7am or after 7pm.
  • During school hours.
  • For more than an hour before school.
  • In any job harmful to their health or wellbeing.
  • For more than four hours without a one-hour break.

Without having a two-week break from any work during the school holidays in each calendar year.

There are also restrictions on the length of time that children can work during term time and during holiday periods. There may also be local authority restrictions on employing children in your area. More information is available from the Gov.uk guidance on restrictions on child employment.

See the Employing Under 18s section for more information.

Further guidance

Working Time Regulations

Call the ACAS national helpline on 0300 123 1100 or visit the ACAS website.

Zero hours contracts

Guidance on zero hours contracts can be found on Gov.uk.

Working time and health assessments

Guidance on matters regarding weekly and night working time limits and health assessments is available from the Health and Safety Executive website.

Further guidance on being an employer

Find key resources to help you recruit and manage employees on a dedicated page in VisitEngland’s Business Advice Hub.