Chapter 6
What are the Working Time Regulations and what do they mean for rota planners?
As employers, businesses must ensure they’re operating within the law. There are many regulations that apply to the world of work, but the one that’s perhaps most important — and definitely the most applicable in regards to rotas and scheduling shifts for your staff — are the Working Time Regulations.
What are the Working Time Regulations?
The Working Time Regulations set rules around how and when workers work in the UK. Much of the regulations’ focus is on health and safety, and they cover everything from the number of hours people can work, holiday, sick pay, and working unsociable hours like night shifts.
According to Gov.uk:
You cannot work more than 48 hours a week on average - normally averaged over 17 weeks. This law is sometimes called the ‘working time directive’ or ‘working time regulations’.
And if an employee is under 18, they cannot work more than eight hours a day, or 40 hours in a week. (Though it is possible for employees over 18 to choose to work more hours by opting out of the 48-hour week.)
Do employers have to adhere to the Working Time Regulations?
The Working Time Regulations became UK law in 1998. Legally, employers must comply with them, and employees are protected by them.
How many hours can someone legally work?
As stated above, employees cannot work more than 48 hours a week, (typically) over a 17 week period. There are “special cases”, however, where people can work more than 48 hours in a week. These are:
- Where 24-hour staffing is required
- In the armed forces, emergency services or police
- In security and surveillance
- As a domestic servant in a private household
- As a seafarer, sea-fisherman or worker on vessels on inland waterways
- Where working time is not measured and you’re in control — a managing executive who makes the decisions, for example.
What does the law say about breaks and time off between shifts?
The Working Time Regulations state that workers must have an uninterrupted break of 20 minutes, if working six hours a day or more. This should be a break during ‘working time’ and should not be given (or taken) at the start or end of the day. More breaks can be allocated over the course of the day, but this is at each employer’s discretion.
In order to get enough rest between shifts, regulations state that every working person is entitled to 11 consecutive hours rest within a 24 hour period. So full shifts should be scheduled at least 11 hours apart.