Working Time and Rest Breaks
Written in plain language for general understanding. This is educational content, not legal advice. Based on UK Acts of Parliament, statutory instruments, and official guidance.
UK National Law
What is this right?
UK law limits how many hours you can be asked to work and guarantees you rest breaks. The key rules are:
- Maximum 48-hour working week — averaged over 17 weeks. You can choose to opt out in writing, but you can opt back in at any time with 7 days' notice (or up to 3 months if your contract says so).
- Rest breaks: If you work more than 6 hours, you get at least a 20-minute uninterrupted break.
- Daily rest: At least 11 consecutive hours off between working days.
- Weekly rest: At least 24 uninterrupted hours off per week (or 48 hours per fortnight).
- Paid annual leave: 5.6 weeks per year (28 days for a full-time worker). This can include bank holidays.
When does it apply?
- You are a worker (not just employees — agency workers and most casual workers are covered too).
- Some sectors have different rules: road transport, sea fishing, and offshore workers have separate regulations.
- Night workers must not work more than an average of 8 hours per 24-hour period and are entitled to free health assessments.
- Workers under 18 have extra protections: maximum 8 hours a day / 40 hours a week, and they cannot opt out.
What should you do?
- Keep a record of your hours — write them down each day, not just what your timesheet says.
- If your employer asks you to opt out of the 48-hour limit, you can refuse without penalty.
- If you're being denied breaks or holiday, speak to your employer first.
- Contact ACAS on 0300 123 1100 for free advice.
- You can bring a claim to an employment tribunal — the time limit is 3 months minus 1 day from the date of the breach.
What should you NOT do?
- Don't assume opting out of the 48-hour week is permanent — you can always change your mind.
- Don't let unused holiday just disappear — if your employer refuses to let you take it, that's a breach of the law. You can't be paid in lieu instead of actually taking holiday (except when leaving your job).
- Don't confuse breaks with smoking breaks or tea breaks — your legal break must be uninterrupted and you should be free to leave your workstation.
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