Other working time rights — in summary

[ch 2: pages 36-37]

In addition to 5.6 weeks of paid annual leave, nearly all workers (with some minor exceptions) have the right to:

• a maximum average working week of 48 hours including overtime;

• a maximum average eight hours’ night work;

• a daily rest period of 11 hours;

• a day off per week; and

• a 20-minute rest break (unpaid) if working more than six hours.

There are specific limits on working time for night work involving special hazards or heavy physical or mental strain (an eight-hour cap, with no averaging allowed). There also special rules for the working time of young workers. In addition, nightworkers have a legal right to a health assessment. There is not enough space in this guide for detailed information about working time rights, but there is more information — including information on the employer’s recording obligations — in LRD’s annual guide for union reps, Health and Safety Law 2020 (www.lrdpublications.org.uk/hslaw).

These are all minimum rights. Employers can improve on these rights in the employment contract. Improvements (for example, paid rest breaks) are likely where a union is recognised. Any change to these improved rights must be by agreement. (See the examples in Chapter 1.)