LRD guides and handbook October 2021

Health and Safety Law 2021

Chapter 10

The maximum working week

[ch 10: page 211]

The WTR sets the maximum working week at 48 hours per week for adult workers, averaged over what is called the “reference period” (regulation 4, WTR). This means that adult workers can legally work more than 48 hours in some weeks, as long as they work less than 48 hours in others. The reference period is normally 17 weeks, but it can be extended to 26 weeks in some special cases. These include, for example, those working in security and surveillance, care services, and at docks and airports.

The reference period is 52 weeks in the offshore oil and gas sector and can be extended to 52 weeks by collective or workforce agreement in other sectors. Employers cannot make workers do more than these hours (Barber v RJB Mining [1999] IRLR 308).

The right for doctors in training to work a 48-hour week came fully into effect in August 2009.