Working Time

Q        We contract our employees to work a standard 40 hour working week, but lots of overtime is available.  I am aware that under the working time regulations we can't get them to work more than an average of 48 hours a week unless they opt-out of the 48 hour working week restriction.  Can we therefore require all employees to opt-out as a matter of course?

A        No, it must be on a voluntary basis.  You cannot insist someone opts out or require them to work more than 48 hours a week (as averaged over a 17 week period) unless they wish to do so and have signed an appropriate agreement.

Q        Weekends are standard working days in our industry, but I appreciate that I cannot expect my staff to work 7 days a week.  How much rest must an employee have on a weekly basis?

A        Employees are entitled to at least 24 hours consecutive rest in every 7 day period, or 48 hours consecutive rest in every 14 day period.  In addition, adult workers must have at least 11 hours consecutive rest between shifts and, if working more than 6 hours a day, workers are entitled to a break of at least 20 minutes, to be taken during the 6-hour period.

See also:

• Young Workers