Finance Editor, Kael Tripton Ltd - LBS MBA - Verified against FCA Handbook: 14 June 2026
Quick answer
Working Time Regulations 1998 give workers: maximum 48-hour average working week (opt-out available), minimum 11 hours rest between shifts, 20-minute break for shifts over 6 hours, and 5.6 weeks paid holiday (28 days full-time). Holiday pay must include regular overtime and commission. You cannot be forced to opt out of the 48-hour limit.
What Are the Working Time Regulations 1998 and What Rights Do They Give?
Direct answer
What are my rights under the Working Time Regulations 1998?
Working Time Regulations 1998 (legislation.gov.uk/uksi/1998/1833) give workers: maximum 48-hour average working week (over 17 weeks), minimum 11 hours rest between working days, minimum 20-minute break for shifts over 6 hours, and minimum 5.6 weeks paid holiday (28 days full-time). Holiday pay must include regular overtime and commission. You cannot be forced to sign an opt-out from the 48-hour limit.
FCA Handbook - WTR 1998 Regulation 4(1) - Verbatim Rule Text Source: handbook.fca.org.uk
A worker's working time, including overtime, in any reference period which is applicable in his case shall not exceed an average of 48 hours for each 7 days during the reference period.
Check your average working hours
Calculate your average weekly hours over the 17-week reference period. Include all hours worked, overtime and on-call time.
Review any opt-out agreement you have signed
Check whether you signed voluntarily. You can withdraw with 7 days notice (or up to 3 months if agreed).
Ensure rest breaks are being provided
For shifts over 6 hours, you are entitled to a 20-minute rest break. This cannot be at the start or end of the shift.
Calculate your holiday entitlement
Full-time workers (5 days/week) are entitled to 28 days per year. Check that holiday pay includes regular overtime and commission.
Report breaches to HMRC or Employment Tribunal
Working Time Regulations complaints can be made to an Employment Tribunal. Annual leave complaints go to HMRC (for National Minimum Wage-linked leave pay) or Employment Tribunal.
| Right | Minimum standard | Opt-out available? |
|---|---|---|
| Maximum working week | 48 hours averaged over 17 weeks | Yes -- voluntary written opt-out only |
| Daily rest | 11 consecutive hours between working days | No |
| Weekly rest | 24 consecutive hours per 7-day period (or 48 per 14 days) | No |
| Rest break | 20 minutes for shifts over 6 hours | No |
| Annual leave | 5.6 weeks (28 days full-time) | No -- cannot waive except on termination |
| Night worker limit | Average 8 hours per 24-hour period | No |
Frequently Asked Questions
What are the Working Time Regulations 1998?
The Working Time Regulations 1998 (SI 1998/1833) implement the EU Working Time Directive in UK law. They set maximum working hours, minimum rest periods, and minimum holiday entitlement for most workers in Great Britain. The key provisions: maximum 48-hour average working week (opt-out available), minimum 11 hours consecutive rest between working days, minimum 20-minute rest break for shifts over 6 hours, minimum 5.6 weeks paid annual leave (28 days for full-time workers including bank holidays), and additional protections for night workers.
Can I opt out of the 48-hour working week?
Yes. Workers can voluntarily sign an opt-out agreement to work more than 48 hours per week on average. The opt-out must be signed voluntarily -- employers cannot force workers to opt out as a condition of employment. Workers can withdraw from an opt-out agreement with at least 7 days' written notice (or a longer period up to 3 months if agreed in the opt-out). If you signed an opt-out under pressure, this may be invalid and you can withdraw at any time.
How is the 48-hour working week calculated?
The 48-hour maximum is an average calculated over a 17-week reference period (which can be extended to 26 weeks by a collective agreement or 52 weeks for certain seasonal industries). This means you can work more than 48 hours in some weeks and less in others, as long as the average over the reference period does not exceed 48 hours. Overtime, on-call time, and travel time that is part of the job all count towards the 48-hour average.
What is the minimum holiday entitlement under the Working Time Regulations?
Workers are entitled to a minimum of 5.6 weeks paid annual leave per year (28 days for full-time workers working 5 days per week, including bank holidays). Part-time workers receive a proportionate entitlement. Workers cannot be paid in lieu of annual leave except on termination of employment. The leave year starts on a date specified in the employment contract or, if not specified, on the date employment started. Holiday pay must be calculated to include regular overtime, commission, and other regular payments -- not just basic pay.
Do the Working Time Regulations apply to self-employed workers?
The Working Time Regulations apply to workers, not to genuinely self-employed people. The distinction between a worker (entitled to WTR protections) and a self-employed contractor (not entitled) has been the subject of extensive case law. Many gig economy workers and those with 'worker' status (not employees but not genuinely self-employed) are entitled to WTR protections including the 48-hour limit, rest breaks and paid holiday.
Primary sources
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