Working hours and breaks

The Working Time Regulations 1998 limit the length of the working day and the working week. The regulations cover workers, not just employees (see Chapter 2: Categories of worker). They state that in general, a worker should work no more than 48 hours in a week, averaged over what is called a reference period. This is normally 17 weeks, but is 26 weeks in the special cases listed in regulation 21. 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 sector and can be extended to 52 weeks by collective or workforce agreement in other sectors. Employers cannot force workers to work more than these hours (Barber v RJB Mining [1999] IRLR 308).

The regulations do not apply to senior managers and others whose working time is not predetermined and who can exercise control over it. Junior doctors were initially excluded but are now covered by the regulations, as are transport workers unless covered by a more specific set of regulations, such as the Road Transport (Working Time) Regulations 2005.