Working hours and breaks

The Working Time Regulations 1998 (as amended) limit the length of the working day and the working week. The regulations cover workers and not just employees (see Chapter 2: Categories of worker) and 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 can be extended to 52 weeks by collective or workforce agreement only. 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. Transport sector workers and junior doctors, who were initially excluded, are now covered by the regulations.