Rest breaks and working time rules for rotas.
The Working Time Regulations set the breaks, rest and hours your staff are entitled to, with tighter limits for anyone under 18. Here they are in plain English, with what to check when you plan a rota.
Working time rules
What the law sets
20 min
Break over 6 hours
11 hours
Rest between days
48
Hours a week, avg
- Weekly rest 24 hours each week, or 48 a fortnight 24 hours
- Night work An average of 8 hours in 24 8 in 24
- Workers under 18 8 hours a day, 40 a week, no opt-out Tighter
- 48-hour opt-out Voluntary, in writing, on record Signed
Breaks during the day
A worker on a day of more than 6 hours is entitled to one uninterrupted 20-minute rest break during it, not at the start or the end. It doesn’t have to be paid: the contract says whether it is.
Where work is monotonous and puts health and safety at risk, you must give enough breaks to keep people safe.
Rest between shifts and each week
- Daily rest: 11 hours in a row between working days. A late close followed by an early open is where rotas most often break it.
- Weekly rest: an uninterrupted 24 hours without work each week, or 48 hours each fortnight.
Some jobs can miss rest, such as where there must be cover round the clock, but the worker then gets compensatory rest instead.
The 48-hour week, and opting out
Nobody can be made to work more than 48 hours a week on average, normally over 17 weeks. One long week is fine if the average stays at or under 48. Working time includes paid overtime, unpaid overtime you asked for, job-related training and time on call at the workplace; it doesn’t include lunch breaks, holiday or travel to a fixed place of work.
A worker can opt out, but only voluntarily and in writing, and you must keep a record of it. You can ask; you can’t dismiss or treat them unfairly for saying no. They can cancel with at least 7 days’ notice, or up to 3 months if their agreement says so. Some workers can’t opt out, such as airline staff and many road transport workers.
Night work
The night period is 11pm to 6am unless you agree another 7-hour period, in writing, that includes midnight to 5am. A night worker must not work more than an average of 8 hours in 24, usually over 17 weeks, and can’t opt out of that limit.
Workers under 18
- No more than 8 hours a day or 40 hours a week, and no opting out.
- A 30-minute break when working more than 4.5 hours.
- 12 hours of rest between working days, and 48 hours each week.
- Staff aged 16 or 17 can’t work between midnight and 4am, and usually not between 10pm and 6am (or 11pm and 7am if their contract says so), with exceptions in sectors such as hospitality and retail.
Planning a rota that keeps to them
- Check the gap between each closing and opening shift is at least 11 hours (12 for under-18s).
- Give everyone a full day off each week, or two in a fortnight.
- Keep a running average of weekly hours for anyone close to 48, and keep signed opt-outs on file.
- Mark under-18s on the rota, so their limits are checked before a shift is published.
Sources
- Rest breaks at work (GOV.UK), with its page on young workers
- Maximum weekly working hours (GOV.UK), with its pages on calculating hours and opting out
- Night working hours (GOV.UK)
- The Working Time Regulations 1998
This guide is general information, not legal advice. For one person’s situation, ask Acas (0300 123 1100, free) or a solicitor.
Rotas that check the rules before they’re published.
KivoHR checks rest, the 48-hour average and young workers’ limits as you plan, and keeps signed opt-outs on file.