Working time rules in the UK: the 48-hour week, opt-outs and record-keeping
Hiring in the UK means following rules that grew out of the EU working time directive. Those rules now sit in the Working Time Regulations 1998. For international employers, the details matter, because a missing opt-out or thin holiday records can create legal risk.
What are the working time regulations in the UK?
The Working Time Regulations 1998 brought the EU working time directive into British law. They cover weekly hours, rest breaks, night work and paid holiday. After Brexit, the UK kept these rules and has since amended them. Northern Ireland, however, has its own, very similar regulations.
How does the 48-hour week work?
Under the Working Time Regulations, workers cannot work more than 48 hours a week on average. The law normally averages hours over a 17-week reference period. So one long week can be lawful, provided the average stays within the limit.
However, some roles fall outside the weekly limit, including:
- the armed forces, emergency services and police
- security and surveillance roles
- jobs that require 24-hour staffing
- senior staff who control their own working time
Long hours also carry a human cost, so see our guide to managing stress at work as an employer.
Can workers opt out of the working time directive limit?
Yes. Adult workers can choose to work more than 48 hours a week by signing an opt-out. The agreement must be voluntary and in writing. An employer can ask, but it cannot dismiss or treat anyone unfairly for refusing. The employer must also keep a record of every worker who opts out.
Workers can cancel at any time with at least 7 days’ notice. However, the agreement can extend that notice to 3 months. The GOV.UK guidance on opting out of the 48-hour week sets out the details. Note that airline staff and road transport workers cannot opt out at all.
Rest breaks, night work and holiday under the working time regulations
Beyond weekly hours, the Working Time Regulations guarantee daily breaks, rest between shifts and weekly time off. Night workers also face an average limit of 8 hours in every 24. In addition, almost every worker receives 5.6 weeks of paid holiday a year.
| Rule | Adult workers | Workers under 18 |
| Weekly hours | 48 on average, usually over 17 weeks | 8 a day and 40 a week |
| Break during the day | 20 minutes when working over 6 hours | 30 minutes when working over 4.5 hours |
| Daily rest | 11 hours between working days | 12 hours |
| Weekly rest | 24 hours a week or 48 hours a fortnight | 48 hours every week |
| Paid holiday | 5.6 weeks (28 days for a 5-day week) | 5.6 weeks |
What records do UK employers need to keep?
Employers must keep records showing that workers stay within the 48-hour limit and night work limits. Records must also cover night worker health assessments and young workers’ hours. According to Acas guidance on the Working Time Regulations, employers must keep these records for two years.
This is where UK and EU law now differ. In 2019, the EU Court of Justice ruled on the working time directive in CCOO v Deutsche Bank (C-55/18). It required EU countries to make employers measure each worker’s daily hours. Since 1 January 2024, however, UK employers need not record daily hours if they can prove compliance another way. As a result, teams in London and Amsterdam may need two record-keeping approaches.
From 6 April 2026, the Employment Rights Act 2025 also requires adequate annual leave and holiday pay records. Employers must keep them for six years, and failing to do so is a criminal offence.
Who enforces the working time directive in Great Britain?
The Health and Safety Executive enforces the 48-hour limit, night work limits and night worker health assessments. Rest breaks and holiday work differently, because workers raise them with Acas and, if needed, an employment tribunal. The Fair Work Agency, launched in April 2026, also plans to enforce holiday pay from April 2027.
Working time compliance for teams that cross borders
Working time compliance protects your people and your business. For organisations moving talent into the UK, it belongs in the setup from day one. Because UK rules now differ from the EU working time directive, cross-border teams need local knowledge and clear records.
Octagon Professionals has enabled talent to move across borders for more than 38 years. Our HR experts handle payroll, timesheets and leave for teams in the UK and across Europe. As a result, you reduce the risk of unlawful hours and missing records. Meanwhile, you keep full control of pay, working patterns and daily management.
We take on the administration because we want organisations to grow with clarity, compliance and trust. For a wider view, read our guide on how to outsource HR.
Frequently asked questions about the working time directive
Is the working time directive still law in the UK?
Not directly. The UK has left the EU, so the directive itself no longer binds British employers. Its rules continue, however, through the Working Time Regulations 1998. The UK has also changed them since Brexit. For example, employers there need not log every worker’s daily hours.
How many hours can you legally work in a week in the UK?
Most adults can work up to 48 hours a week, averaged over a 17-week period. Anyone who wants to work more can sign a voluntary written opt-out. Workers under 18, however, cannot opt out. Their limits are 8 hours a day and 40 hours a week.
Can my employer make me sign the 48-hour opt-out?
No. Signing the opt-out is always your choice, and it must be in writing. Your employer cannot dismiss you or treat you unfairly for refusing. You can also cancel later. The default notice is 7 days, or up to 3 months if agreed.
How long do employers have to keep working time records?
Employers must keep records on weekly hours, night work and young workers’ hours for two years. Holiday works differently. Since 6 April 2026, employers must hold adequate annual leave and holiday pay records for six years. Failing to keep those holiday records is a criminal offence.
What breaks am I entitled to at work in the UK?
Adults who work more than six hours a day get one uninterrupted 20-minute break. They also get 11 hours of rest between working days. On top of that, they get 24 hours off each week or 48 hours each fortnight. Under-18s get a 30-minute break after 4.5 hours.
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