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Employment

Employment

Working time limits (the 48-hour week)

You should not have to work more than 48 hours a week on average, unless you choose to, or work in a sector with its own special rules. Your normal working hours should be set out in your contract of employment or written statement of employment particulars.

What counts as work?

As well as carrying out your normal duties, your working week includes:

  • job-related training
  • job-related travelling time, for example, if you are a sales rep
  • working lunches, for example business lunches
  • time spent working abroad, if you work for a UK-based company
  • paid and some unpaid overtime
  • time spent 'on-call' at the workplace

Working two different jobs

If you work two jobs you could either:

  • consider signing an opt-out agreement with your employers if your total time worked is over 48 hours or
  • reduce your hours to meet the 48-hour limit

What does not count as work?

Your working week does not include:

  • breaks when no work is done, such as lunch breaks
  • normal travel to and from work
  • time when you are 'on call' away from the workplace
  • evening and day-release classes not related to work
  • travelling outside of normal working hours
  • unpaid overtime that you have volunteered for, so for example, staying late to finish something off
  • paid or unpaid holiday

Opting out of the 48 hour week

If you are 18 or over and wish to work more than 48 hours a week, you can choose to opt out of the 48 hour limit. This must be voluntary and in writing. It can't be an agreement with the whole workforce and you shouldn't be sacked or unfairly treated (for example refused promotion or overtime) for refusing to sign an opt-out.

If you sign an opt-out, you have the right to cancel this agreement at any time by giving between one week and three months' notice. You can agree this notice period with your employer when you sign the opt-out. If no notice period is agreed then you only need to give one week’s notice of cancellation. You can cancel an opt-out even if it's part of a contract you have signed.

Example of opt-out agreement


I (name) agree that I may work for more than an average of 48 hours a week. If I change my mind, I will give my employer (amount of time - up to three months) notice in writing to end this agreement.

Signed……....................................
Dated………..................................

Young workers

If you are under 18 and over school leaving age you are classed as a young worker. You are under school leaving age until the end of the summer term of the school year in which you turn 16. Young workers have different working time limits than adult workers.

Who is not covered by the working time limits?

Your working week is not covered by the working time limits if you work in the following areas:

  • jobs where you can choose freely how long you will work (eg a managing executive)
  • the armed forces, emergency services and police are excluded in some circumstances
  • domestic servants in private houses
  • sea transport workers
  • mobile workers in inland waterways and lake transport
  • workers on board sea going fishing vessels

For more information on working hours for drivers and crew of heavy goods vehicles (HGV) and passenger service vehicle (PSV) drivers, contact the Vehicle and Operator Standards Agency (VOSA) on 08706 060 440.

Trainee doctors

Doctors in training are subject to the following weekly working time limits:

  • 56 hours from 1 August 2007 to 31 July 2009
  • 48 hours from 1 August 2009

Where to get help

If you need further help the Pay and Work Rights helpline offers free and confidential advice on working hours.

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