The legal number of hours between shifts is determined by the Working Time Regulations 1998 directive, subsequently amended by the Working Time (Amendment) Regulations 2007 directive.
The Regulations specify requirements for:
- Night work hours
- Daily and weekly rest periods
- Maximum weekly working time
- Annual leave
For adult workers (over 18 years old) there are three types of break – rest breaks at work, daily rest and weekly rest. The minimum rest period in a 24-hour period should not be less than 11 consecutive hours. In general, workers are entitled to at least 11 hours rest per day, at least one day off each week, and a rest break during the shift if it is longer than six hours. For an adult worker, that minimum rest break is 20 minutes uninterrupted.
Sue Andrews, HR and business consultant at Kisbridging Loans adds, ‘In sectors where services are required to be delivered over a 24 hour period, shift patterns may not allow for an 11 hours break.
‘However, workers will then be entitled to a compensatory rest period instead. While these should ideally be taken as soon as possible after the break has been missed, the regulations suggest that an employer will have met their obligations so long as the worker receives on average at least 90 hours rest per week.’
For young workers (under 18 years old), the minimum rest period is 12 hours in any 24 hour period but rest may be interrupted by short duration work or periods of work being split up during the day.
Opt-out agreement
An employer cannot insist that a worker works more than 48 hours per week on average. Any more than this is voluntary and subject to an opt-out agreement.
Note that for night workers, there is a maximum of eight hours work in any 24 hours on average and a right to free health assessments.
Mobile workers are subject to a variation of these rules under the Road Transport (Working Time) Regulations.
You can visit the Department for Business Innovation & Skills for more information on the Working Time Regulations and the rules for averaging out the above time limits over a period of time.
In sectors where services are required to be delivered over a 24 hour period, shift patterns may not allow for an 11 hours break. However, workers will then be entitled to a compensatory rest period instead. Whilst these should ideally be taken as soon as possible after the break has been missed, the regulations suggest that an employer will have met their obligations so long as the worker receives on average at least 90 hours rest per week.
Peter Done is the founder and group managing director of Peninsula Business Services
Hello , general enquiry about working hours, I’m on an afters shift start at 2pm finish at 10pm, iv done a 40 hour shift this week but I’m wondering what’s the legal break, rest to have between shifts as iv been told I can come in on the weekend after finishing on the Friday night at 6am to do a 12 hour shift both Saturday and Sunday then return back to work at 6am on the monday, is this OK to do or is it breaking the law, I’d like a reply if possible asap many thanks
We have a Q&A section for these type of questions. Questions asked there will be answered by an expert in that field.
Can i legally ask my employees to work more than 48 hours a week without them signing an opt out clause? And does this count in my companies case whereby they might be asked to do a shift rota which sometimes overlaps into the second week? For example, four 7.5 hour shifts, then straight onto four 9.5 hour night shifts – starting on monday night.