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Your minimum rights at a glance
Four weeks paid holiday a year
20 minute break if the working day is more than six hours
Rest period of 11 hours between working days
Rest period of 24 hours once every seven days
Two full days off per fortnight (normally one per week)
Night workers to work a maximum average of eight hours in 24
Free health assessments for night workers
Maximum 48 hours for the average working week
Breaks and rest time
Your rights
11 hours consecutive rest in every 24 hours - ie a maximum 13 hour working day, unless you are changing shifts or have a system of split shifts
Two uninterrupted periods of 24 hours rest in every 14 days
When working for more than six hours, a rest break of 20 minutes, taken away from where you normally work
If the pattern of work puts health and safety at risk, 'adequate rest breaks' must be taken
Exceptions
Jobs that require round-the-clock staffing, eg hospitals, prisons, care homes or 24-hour production
Jobs with busy peak periods such as retail, tourism and agriculture
Work that involves security or surveillance to protect property or individuals
When an emergency occurs
Compensatory rest
In the exceptions, if workers do not receive any of the rest or breaks due, they must receive 'compensatory rest' within a reasonable time from when the rest was lost.
You should not wait more than:
A couple of weeks to take all your daily rest
A couple of months to take all your weekly rest
On average, even if you have opted-out of the 48-hour week, you should receive 92 hours rest a week.
NB These entitlements can be changed by a collective agreement, made between the company and workforce representatives. Check your staff handbook in case this has happened in your company.
Maximum 48-hour week
Your rights
Your average working week should be 48 hours or less.
The average is normally worked out over 17 weeks. For the exceptions shown under 'breaks and rest time' in the first section of this leaflet the average is worked out over 26 weeks.
Working time includes:
Overtime
Training at the workplace
Travelling as part of your work
Being 'on call' at your place of work
Opting out
You can work more than 48 hours a week by signing an agreement to opt out.
Your employer cannot force you to opt out if you do not want to
It is unlawful for them to dismiss you or treat you less favourably for refusing to sign an opt out
You can cancel an opt out you have signed at any time, with an agreed notice period of up to three months
If no notice period has been agreed, you need to give a minimum of seven days notice to cancel an opt out
Exclusion
The 48-hour limit and rest entitlements do not apply only if you can decide for yourself how long you work.
"No one can be forced to work more than an average of 48 hours a week against his or her will." - Government guidance.
Night workers
Limits on night working
You should work no more than an average of eight hours in every 24.
The average nightly working time is calculated over 17 weeks.
It includes overtime where it is part of the normal hours of work.
Exceptions
The same jobs are excepted from the eight hour limit as those shown under 'breaks and rest time' in the first section of this leaflet.
Health checks for night workers
Your employer should provide a free medical check before you start working nights, and on a regular basis at least once a year while you work nights.
Where possible, they should allow you to switch to day shifts on medical advice.
Workers under 18
There are more stringent rules for young workers:
A maximum working week of 40 hours (with no opt out)
A maximum working day of eight hours
A ban on night working (working no later than midnight and starting no earlier than 4am)
A rest period of 12 hours between working days
Two days weekly rest
A 30 minute daily rest if working more than four and a half hours
Paid holiday
Everyone at work is entitled to at least four weeks paid leave each year:
If you work full-time, it is 20 days leave
If you work part-time, your leave is four times your average working week
If your hours vary, your weekly holiday pay is your average weekly pay over the previous 12 weeks, including compulsory overtime, shift pay and bonuses
Agency workers are also entitled to paid leave
Currently, employers can choose to include bank and public holidays as part of your annual holiday entitlement.
When can you take your holiday?
You do not have the legal right to choose when you take your holiday, although you must be able to take it at some point in the year.
To help get the time off you want, give your employer as much notice as you can.
Starting a job: you are entitled to paid leave from day one, although employers can make you build it up by allowing one twelfth of the total due at the start of each month.
Leaving a job: you should receive holiday pay for any unused holiday.
If you have taken too much holiday, you will have to pay your holiday pay back.
Changing your hours
Seek advice from your trade union if your employer wants you to:
Change your normal hours of work
Work more than 48 hours a week
Cut your hours and pay
Work hours when it is hard to get childcare
Unions get you more
The rights in this leaflet are the legal minimum you are entitled to.
If your company recognises Usdaw or another trade union improved rights may have been negotiated.
Get your rights
If you are worried you are not getting your rights at work, contact your trade union.
For further details visit www.dti.gov.uk/er/work_time_regs
Your rights to breaks and paid holidays (Leaflet 352) was correct at date of publication December 2005
from my union site - these are the most basic rights in the UK
Four weeks paid holiday a year
20 minute break if the working day is more than six hours
Rest period of 11 hours between working days
Rest period of 24 hours once every seven days
Two full days off per fortnight (normally one per week)
Night workers to work a maximum average of eight hours in 24
Free health assessments for night workers
Maximum 48 hours for the average working week
Breaks and rest time
Your rights
11 hours consecutive rest in every 24 hours - ie a maximum 13 hour working day, unless you are changing shifts or have a system of split shifts
Two uninterrupted periods of 24 hours rest in every 14 days
When working for more than six hours, a rest break of 20 minutes, taken away from where you normally work
If the pattern of work puts health and safety at risk, 'adequate rest breaks' must be taken
Exceptions
Jobs that require round-the-clock staffing, eg hospitals, prisons, care homes or 24-hour production
Jobs with busy peak periods such as retail, tourism and agriculture
Work that involves security or surveillance to protect property or individuals
When an emergency occurs
Compensatory rest
In the exceptions, if workers do not receive any of the rest or breaks due, they must receive 'compensatory rest' within a reasonable time from when the rest was lost.
You should not wait more than:
A couple of weeks to take all your daily rest
A couple of months to take all your weekly rest
On average, even if you have opted-out of the 48-hour week, you should receive 92 hours rest a week.
NB These entitlements can be changed by a collective agreement, made between the company and workforce representatives. Check your staff handbook in case this has happened in your company.
Maximum 48-hour week
Your rights
Your average working week should be 48 hours or less.
The average is normally worked out over 17 weeks. For the exceptions shown under 'breaks and rest time' in the first section of this leaflet the average is worked out over 26 weeks.
Working time includes:
Overtime
Training at the workplace
Travelling as part of your work
Being 'on call' at your place of work
Opting out
You can work more than 48 hours a week by signing an agreement to opt out.
Your employer cannot force you to opt out if you do not want to
It is unlawful for them to dismiss you or treat you less favourably for refusing to sign an opt out
You can cancel an opt out you have signed at any time, with an agreed notice period of up to three months
If no notice period has been agreed, you need to give a minimum of seven days notice to cancel an opt out
Exclusion
The 48-hour limit and rest entitlements do not apply only if you can decide for yourself how long you work.
"No one can be forced to work more than an average of 48 hours a week against his or her will." - Government guidance.
Night workers
Limits on night working
You should work no more than an average of eight hours in every 24.
The average nightly working time is calculated over 17 weeks.
It includes overtime where it is part of the normal hours of work.
Exceptions
The same jobs are excepted from the eight hour limit as those shown under 'breaks and rest time' in the first section of this leaflet.
Health checks for night workers
Your employer should provide a free medical check before you start working nights, and on a regular basis at least once a year while you work nights.
Where possible, they should allow you to switch to day shifts on medical advice.
Workers under 18
There are more stringent rules for young workers:
A maximum working week of 40 hours (with no opt out)
A maximum working day of eight hours
A ban on night working (working no later than midnight and starting no earlier than 4am)
A rest period of 12 hours between working days
Two days weekly rest
A 30 minute daily rest if working more than four and a half hours
Paid holiday
Everyone at work is entitled to at least four weeks paid leave each year:
If you work full-time, it is 20 days leave
If you work part-time, your leave is four times your average working week
If your hours vary, your weekly holiday pay is your average weekly pay over the previous 12 weeks, including compulsory overtime, shift pay and bonuses
Agency workers are also entitled to paid leave
Currently, employers can choose to include bank and public holidays as part of your annual holiday entitlement.
When can you take your holiday?
You do not have the legal right to choose when you take your holiday, although you must be able to take it at some point in the year.
To help get the time off you want, give your employer as much notice as you can.
Starting a job: you are entitled to paid leave from day one, although employers can make you build it up by allowing one twelfth of the total due at the start of each month.
Leaving a job: you should receive holiday pay for any unused holiday.
If you have taken too much holiday, you will have to pay your holiday pay back.
Changing your hours
Seek advice from your trade union if your employer wants you to:
Change your normal hours of work
Work more than 48 hours a week
Cut your hours and pay
Work hours when it is hard to get childcare
Unions get you more
The rights in this leaflet are the legal minimum you are entitled to.
If your company recognises Usdaw or another trade union improved rights may have been negotiated.
Get your rights
If you are worried you are not getting your rights at work, contact your trade union.
For further details visit www.dti.gov.uk/er/work_time_regs
Your rights to breaks and paid holidays (Leaflet 352) was correct at date of publication December 2005
from my union site - these are the most basic rights in the UK
