Working Time Limits

The Standard 48 Hour Working Week
The government have introduced Working Time Regulations which has resulted in workers not having to work more that 48 hours per week on average over a period of 13 weeks.

It is important that this is not misinterpreted as a law which makes it illegal to work more than 48 hours in any single week, because it is not. You can average 624 hours of work over the 13 week period, for example, in weeks two and three you may work 53 hours but then in weeks four and five, you could work 43 hours.

These regulations do not necessarily have to apply to you, as you can choose to opt-out by signing an agreement in advance.

EXAMPLE OF A SIMPLE OPT-OUT AGREEMENT

Employee's Name and Address

Employer's Name and Address

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………...............
. Employee's Name

Your Normal Working Hours (Contractual Hours)
Regardless of whether these regulations affect you or not, your normal working hours should be stated in your contract of employment, or if no written contract exists, they should be on your Statement of Particulars which states the main terms and conditions of the employment.

Does this apply to Young Workers?
A rule, similar to the 48 hour rule, applies to workers who have officially left school, but are still under the age of 18. The limit of hours is reduced to 40 hours per week, at a maximum of 8 per day. In contrast to the standard 48 hour rule, the hours per week cannot be averaged out over a period of time.

There is no general opt-out rule that applies to young workers.

Some exceptions apply when the young worker is imperative to maintaining production or service when there is no adult available to take over, exceptions also apply to young workers in the armed forces and those employed on ships.

What is work and what is not?
Working does not just include the time when you're in the office or on the shop floor, it can also include;

Training which is related to your employment
Traveling time which isn't your standard to and from home, e.g. when attending a lunch time meeting or it you are a sales rep visiting a client
Working Lunches
If you normally work in the UK, or work for a UK based company; any time spent abroad is classed as working
Overtime, both paid and some unpaid
If you're at your workplace 'on-call', this is classed as working

On the other hand, some activities do not count as part of your working week;

Breaks that involve no work, including lunch breaks
The journey between work and home
If you are 'on-call' but still free to undertake leisure activities away from the workplace
General training or education such as night classes
Travel that does not take place during your normal working hours
Voluntary unpaid overtime, such as when you stay late to finish a particular task
Absence - Sick, Holiday, Maternity, Paternity and Adoption Leave

Is everybody including in these regulations?
No. Some individuals are exempt;

If you're an executive who chooses freely when to work, and when not to, you're exempt.
If you're in the Armed Forces, emergency services or police, you may be exempt in certain situations.
If you're a servant in a private home, you're exempt.

Also, workers in particular industries have special rules which apply to them;

Doctors in training
Mobile Workers in the Transport industry
- Road
- Rail
- Air
- Sea

You can purchase employment documents and Employment Policies online