Unmeasured or autonomous work

Regulation 20 (1) of the WTR disapplies most of the working time limits (the maximum working week limits, night work limits and rest periods/breaks) for workers whose working time is not measured or predetermined, or can be determined by a worker (see chapter 2). It’s worth remembering that this regulation does not disapply the requirement for adequate rest (relating to pattern of work, see chapter 8).

In these cases, sometimes referred to as “autonomous” workers, working time is not measured or predetermined because of the “specific characteristics of the activity” in which workers are engaged, or where workers can determine the duration of working time themselves. Government guidance (available at: GOV.UK) refers to a worker being in control, such as a managing executive with control over their decisions.

HSE guidance confirms: “Essentially this applies to workers who have complete control over the hours they work and whose time is not monitored or determined by their employer”. It adds that the categories of worker mentioned in the regulations are examples only, not exclusive.