The 48-hour limit

The main WTR regulations set 48 hours as the threshold for restricting weekly working time. Government guidance says: “Employers can’t force adults to work more than 48 hours a week on average — normally averaged over 17 weeks (26 weeks for a trainee doctor)”. It reflects early case law established in Barber v RJB Mining [1999] IRLR 308.

Under WTR regulation 4, as amended in 1999, a worker’s working time, including overtime (in any reference period which is applicable) must not exceed an average of 48 hours for each seven days. The calculation takes time off work into account.

Employers are required to take “all reasonable steps, in keeping with the need to protect the health and safety of workers” to comply. Individual adult workers can opt out of this and there are other exceptions to this limit reflecting the way that different worker groups are treated. Government guidance says the rule does not apply:

• where the working time is not measured and the worker is in control, e.g. managing executives with control over their decisions (see chapter 4);

• in the armed forces, emergency services and police (in some circumstances, see chapter 5);

• in security and surveillance (see chapter 5);

• as a domestic servant in a private household (see chapter 5);

• where 24-hour staffing is required;

• Certain categories of seafarers, sea-fishermen and workers on inland waterways.