UK working time laws: how many consecutive days can a person work?

The UK government mandates the maximum weekly working days and working hours based on the EU Working Time Directive, as required by UK law. Employers are forbidden to assign more than an average of 48 hours a week throughout 17 weeks, nor two back-to-back 12-hour shifts. But there are some special rules and exceptions based on industry and circumstance that change this.

But what are they, and what are the specific rules that mandate how long employees work? In this article, we look at the rules regarding how many days in a row people can work, define the Working Time Directive/Regulations, and consider how it affects you as a business owner and employer. These protections apply to all workers, regardless of whether they have a written contract.

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Understanding Working Time Regulations 1998

Like many regulations and acts signed into government, the Working Time Regulations 1998 is a lengthy document outlining the exact hours a week workers (both original and agency workers) can work, as well as their assigned rest breaks and sleep time between shifts. The main goal of the working time regulations is to avoid overwork and ensure workers can enjoy a rest period to recuperate. When calculating average weekly hours, it is important to consider contractual hours, including overtime, to ensure compliance with legal time limits and avoid exceeding the maximum allowed working hours per week.

To break it down, here are the main points:

• 48 hours a week is the limit – Workers cannot be made to work more than 48 hours per week on average over 17 weeks. That being said, a worker can opt out of this, but they must do so in writing. Workers in the UK have the right to voluntarily opt out of the maximum 48-hour average working week limit, but this must be done voluntarily in writing, and employees can revoke this decision at any time.
• Employees who opt out of the 48-hour workweek limit are still entitled to the same rest breaks and holidays as those who do not opt out.
• Daily rest period – By law, workers must be allowed 11 consecutive hours of rest time during any 24 hours between shifts. Back-to-back shifts that make these hours impossible are illegal by law. There is no specific daily limit on working hours in the UK, but employees are entitled to a minimum of 11 consecutive hours of rest in each 24-hour period.
• Weekly rest period – All workers must receive 24 hours of the allotted time for uninterrupted rest per seven-day period, or 48 hours per two weeks. In the UK, there is no specific legal limit on the number of consecutive days a person can work, but workers are entitled to a minimum of 24 consecutive hours of rest in each seven-day period or 48 hours in a 14-day period. This is easily done through the average weekly working hours of 40 a week.
• Limit on days worked in a row – Contrary to common belief, these regulations do not specify the limit of consecutive days you can work, only the rest period.
• Night workers – Workers on a night shift have differing rules, the limit on the hours worked is 8 hours in any 24 hours. Furthermore, night shift workers are required to have regular health assessments to protect their mental state. Specific sectors like healthcare and transport may face modified working regulations due to the need for continuity of service.
• Additional notes – Night work, typically defined as work done between 11 pm and 6 am, comes with specific regulations under the Working Time Regulations (WTR). Night workers are limited to a maximum of eight hours’ work per night and are entitled to a minimum of 20-minute rest break during their shift.
• Under 18s – Workers who are under 18 cannot work more than 8 hours per day, and 40 hours per week, and must have a 12-hour rest period between working days. Young workers are entitled to at least two consecutive days off per week and a 12-hour daily rest break.
• Rest breaks during shifts – Workers with more than 6 hours in a shift are entitled to at least 20 minutes of uninterrupted rest breaks. When surveyed, 81% of employees reported being more engaged with their work after taking a lunch break, a figure any worker likely can agree with.

Research indicates that two consecutive days off are necessary to recover from accumulated fatigue and physical pain resulting from long work weeks.

An employment contract must clearly outline break time at work, as well as hours worked. The rest period between working days usually comes as part and parcel of standard, normal working hours and, therefore, does not need to be specified – but in contracts with irregular working hours, they often are for compliance. The maximum working hours per week for UK employees is 48 hours, including overtime hours, and time limits must be adhered to regardless of contractual arrangements.

Understanding Rest Periods

Rest periods are a fundamental component of the Working Time Regulations 1998, designed to safeguard workers’ health, safety, and overall well-being. Under UK employment law, which incorporates the EU Working Time Directive, most workers, including full-time, part-time, agency workers, and apprentices, are entitled to specific minimum rest breaks and rest periods, regardless of whether they work regular or irregular working hours.

For adult workers, the regulations guarantee at least 11 hours of uninterrupted daily rest between working days. In addition, workers must receive a minimum of 24 hours of uninterrupted weekly rest within each seven day period, or alternatively, 48 hours within a 14-day (fortnight) reference period. These rest entitlements apply to the majority of workers, but there are special rules for certain sectors such as the armed forces, emergency services, and those in roles where continuous staffing is essential. In these cases, if standard rest periods cannot be provided, employers must offer compensatory rest to ensure workers still receive adequate rest over a longer period.

Night workers are subject to even stricter limits. Those who regularly work night shifts – typically defined as working at least three hours between 11pm and 6am – must not exceed an average of eight hours’ work in any 24-hour period. Employers are also required to provide regular health assessments for night shift workers to monitor the impact of night work on their health. Night workers are entitled to the same daily and weekly rest periods as other workers, and employers must ensure that these are respected, even when managing complex shift patterns.

Young workers, defined as those under 18, benefit from enhanced protections. They must have at least 12 hours of uninterrupted daily rest and a minimum of 48 hours’ weekly rest. These stricter limits reflect the increased vulnerability of young workers to fatigue and the potential health risks associated with longer hours or consecutive working days.

Employers have a legal responsibility to monitor total hours worked (including overtime and job-related training) and to ensure that all workers receive their statutory rest breaks and rest periods. This can be particularly challenging for businesses with shift workers, zero hours workers, or those with irregular working hours, but failure to comply can result in legal risk, including employment tribunal claims and enforcement action by the Health and Safety Executive. Workers who believe their rest entitlements are being breached can report concerns to the Health and Safety Executive, which has the authority to investigate and enforce compliance.

The 48-hour maximum working week is another cornerstone of the Working Time Regulations. While most workers cannot be required to work more than 48 hours a week on average (calculated over a 17-week reference period), they may choose to sign an opt out agreement if they wish to work longer hours. This opt out must be voluntary and in writing, and can be for a fixed period (up to three months) or indefinite. Importantly, workers can withdraw their consent at any time, even if they previously agreed to opt out.

For those in sectors where it is not possible to provide standard rest periods- such as emergency services, armed forces, or domestic servants -employers must provide compensatory rest. This means that if a worker misses a rest break or rest period due to operational demands, they must be given an equivalent period of rest as soon as possible afterwards.

In summary, rest periods are a vital part of the UK’s working time regulations, ensuring that workers receive adequate rest to protect their health and safety. Employers must be diligent in managing working hours, rest breaks, and rest periods, especially for night shift workers, young workers, and those with complex or irregular working patterns. By understanding and complying with these legal limits, employers can reduce the risk of legal action, maintain a healthy workforce, and create a safer, more productive working environment for all.

What Are The Consequences Of Ignoring The Working Time Regulations In 1998?

All employers and employees must adhere to the working time regulations 1998 for several reasons:

1. Penalties – The Health and Safety Executive (HSE) or any local authorities can levy fines against businesses and companies that are found guilty of violating regulations, with the fines scaling with the severity of the breach.
2. Employment tribunal claims – The employment tribunal is an avenue by which workers can levy legal complaints against employers, and, if found guilty, they have the authority to pursue fines and other charges.
3. Enforcement notice – Enforcement notices are, as the name implies, orders from a higher authority mandating a change in conditions on the threat of legal charges.
4. Criminal prosecution – In cases where workers fall sick, become injured, or are exploited to severe extents, employers can face prison time.

Why Are These Protections In Place?

Aside from being in place to protect workers from exploitation, they are also in place to protect workers from themselves. Japan is a good example of a competitive workaholic society that has faced this issue, with many overtime workers dying of overwork. Nonetheless, the following are the reasons why rest breaks at work and home are necessary:

• Fatigue – 7-9 hours a week of rest is required to recharge the fuel in your brain, with fatigue being the result for those who don’t – meaning lower concentration, low mood, low social ability and generally being far less mentally able than you would otherwise be – as an employer it’s important that you stop employees from facing this.
• Health risks – Working without breaks for the long term can cause serious stress related to cardiovascular and musculoskeletal problems.
• Accident risk – Health and safety have developed over the years to protect workers on the job, but these rules can be hard to follow when you’re fatigued.
• Decreased productivity – The fact of the matter is, there’s a limit to how much people can work at a respectable pace and level. After a certain number of hours of being awake, your ability to do anything requiring concentration begins to falter.
• Burnout – Prolonged periods of doing the same thing over and over can lead to burnout, which is effectively mental blocks being formed in your mind that are difficult to overcome.

Is Working 7 Days Straight Illegal?

No, despite what the previously outlined rules imply. The law protects employees and gives them a legal right to a 24-hour uninterrupted rest day within each week, also known as the seven-day reference period. However, because the employer can decide when the workweek starts and ends, it is possible to work seven consecutive days as long as a rest day is provided within each reference period.

Furthermore, not only can an employee work seven days straight – they can effectively work 12. For example, if you had 24 hours of rest on a Monday and then worked 12 days, you’d have Sunday off by law.

To move to even further extremes, the ability to write an opt-out clause means employees can choose to work 24 consecutive days with only two days off at the beginning and two days off at the end. However, employees cannot be forced to opt out of the 48-hour workweek limit and retain the right to opt back in at any time. That being said, in these situations, a worker is entitled to 11 hours of rest.

How Many 12-Hour Shifts Can You Work In A Row Without Weekly Rest Breaks?

The answer to this, put simply, is 6 consecutive 12-hour shifts, limited by the working time regulations. 11 hours of adequate rest must be allowed between shifts.

Take into consideration, however, that this same set of regulations states that you may not work more than 48 hours a week, which means no more than four 12-hour shifts in a row. This number is worked out as an average over 17 weeks, opening the possibility for more shifts so long as rest is given and shorter shifts worked after the run of 12 hour shifts.

What Are The Exceptions To Employment Laws On Breaks In An Employment Contract?

The nature of an employee’s work may make it so that it’s impossible to give the required breaks. In these cases, exceptions are given with some caveats.

The following are examples:

• Emergency services
• Security services
• 24-hour staffing industries
• Sea vessels or otherwise isolating roles
• Self-employment
• Domestic servant

Bear in mind that despite these occupations being seen as exceptions, employers are still required to give compensatory rest. Compensatory rest is, of course, rest periods given as compensation to avoid the drawbacks that come with overwork.

Conclusion

Overall, the rules for how many hours you can assign or work within a week are not overly complex. There are many exceptions and caveats written into the regulations, however, they are always constructed with good reason. Compensation is often given out to those who find themselves unable to get the rest breaks otherwise owed to them, with the threat of legal action via the employment tribunal or other authorities as a consequence of those employers who abuse their workers rest rights. If you need further advice or clarification about your rights or obligations under the Working Time Regulations, consider seeking professional guidance.

FAQ – What are the maximum hours allowed to work in a day – UK?

There are no specific legal limits for the number of hours you can work in a single day, but:

• Health and safety – Employees mustn’t have working hours that are regularly above 13 hours a day.
• Working days – You must have 11 hours of daily rest between working days.
• Night workers – Working for more than 8 hours in 24 hours is disallowed.
• Working Time Regulations 1998 – This has set a limit for 48 hours a week, averaged over 17 weeks.

FAQ – Can an employee work for more than 48 hours a week if they have more than one job?

Yes, but the weekly maximum working hours applies regardless of whether an employee has more than one job or not:

• Opt out – Unless an employee opts out of their protection, then over a 17-week reference period, a person must not work for more than 48 hours a week on average.
• Employer responsibility – It is considered the responsibility of the employer to take reasonable steps to check if a person has more than one job to ensure you’re not contributing to adding more hours where none are allowed. That being said, an employee must inform their employers.

FAQ – Does job-related training time and overtime count as working time?

Yes, job-related training time and overtime count towards the total hours of the working week. If training is required by the job, hours must be included. Bear in mind that both paid and unpaid overtime are counted towards the total hours.