Why do employees need breaks?

In jobs requiring manual labour, physical work, or precision work such as surgery, taking regular breaks is vital to muscle health and ensures muscles don’t take strain and become too weak or fatigued to function as they should. The same goes for employees who need to focus on a single point or a screen for any extended period of time. A break allows their eyes to rest and reset and also loosens tense muscles around the shoulders and neck.

What breaks from work am I legally entitled to?

Despite the evidence, many workplaces still only give the bare minimum in breaks. To break it down clearly, the law states that that employees have a right to: Daily rest breaks of at least 20 minutes for every six hours worked. This break cannot be taken at the beginning or the end of the shift and must be uninterrupted. A minimum of 11 hours rest a day 24 hours of uninterrupted rest in a seven-day period. Alternately, employees can choose to opt out of this and instead receive 48 hours of uninterrupted rest in a 14-day period. 5.6 weeks of annual leave

Can I work 5 hours without a break?

The law states that workers are only entitled to a 20-minute break if they are working over six hours. That means that even if your shift is six hours, you are not entitled to a break.

Home » Advice » Work & Wellbeing » How Many Days In A Row Can You Work? – A Guide To UK Maximum Working Hours

How Many Days In A Row Can You Work? – A Guide To UK Maximum Working Hours

Q: Is working 7 days straight illegal?

The short answer is no. Although the law states that employees have the right to 24 hours of uninterrupted rest in a seven-day period, the terms need to be looked at closely. If a workplace states that their period of work runs from Monday to Sunday, then they can offer the 24 hours of rest, or day off, on the Monday of the first week, and again on the Sunday of the following week. Although the reality would be a 12 day work-week, the shifts would still be functioning within legal requirements.

Q: How many 12 hour shifts can you work in a row?

There are two laws to keep in mind when considering 12-hour shifts. Firstly, you cannot take back-to-back 12 hour shifts as legally you must have 11 hours rest per day. Although this could mean you take a back-to-back shift with your 11 hour breaks on either side of the shifts, this is frowned upon and not recommended because of the toll it will take on you as well as the risk it puts on the business and any clients you may be working with.

Q: What are the exceptions to employment laws on breaks?

General exceptions to worker break rules are: Freelancers who set their own hours Staff in emergency services Jobs with “continuity of service” such as agriculture, home care, or staff on cruises or flights Seasonal jobs such as tourism and agriculture Drivers and transporters (river, lake, and sea carriage)

The UK government mandates the maximum weekly working days and working hours based on the EU Working Time Directive. Employers are forbidden to assign more than an average of 48 hours a week throughout 17 weeks, nor two back-to-back 12-hour shifts. But there are some special rules and exceptions based on industry and circumstance that change this.

But what are they, and what are the specific rules that mandate how long employees work? In this article, we define the exact rules regarding how many days you can work throughout the year, define the Working Time Directive/Regulations, and consider how it affects you as a business owner and employer.

Table of Contents

Understanding Working Time Regulations 1998

Like many regulations and acts signed into government, the Working Time Regulations 1998 is a lengthy document outlining the exact hours a week workers (both original and agency workers) can work, as well as their assigned rest breaks and sleep time between shifts. The main goal of the working time regulations is to avoid overwork and ensure workers can enjoy a rest period to recuperate.

To break it down, here are the main points:

48 hours a week is the limit – Workers cannot be made to work more than 48 hours per week on average over 17 weeks. That being said, a worker can opt out of this, but they must do so in writing.
Daily rest period – By law, workers must be allowed 11 consecutive hours of rest time during any 24 hours between shifts. Back-to-back shifts that make these hours impossible are illegal by law.
Weekly rest period – All workers must receive 24 hours of the allotted time for uninterrupted rest per seven-day period, or 48 hours per two weeks. This is easily done through the average weekly working hours of 40 a week.
Limit on days worked in a row – Contrary to common belief, these regulations do not specify the limit of consecutive days you can work, only the rest period.
Night workers – Workers on a night shift have differing rules, the limit on the hours worked is 8 hours in any 24 hours. Furthermore, night shift workers are required to have regular health assessments to protect their mental state.
- Additional notes – Night work, typically defined as work done between 11 pm and 6 am, comes with specific regulations under the Working Time Regulations (WTR). Night workers are limited to a maximum of eight hours’ work per night and are entitled to a minimum of 20-minute rest break during their shift.
Under 18s – Workers who are under 18 cannot work more than 8 hours per day, and 40 hours per week, and must have a 12-hour rest period between working days.
Rest breaks during shifts – Workers with more than 6 hours in a shift are entitled to at least 20 minutes of uninterrupted rest breaks. When surveyed, 81% of employees reported being more engaged with their work after taking a lunch break, a figure any worker likely can agree with.

An employment contract must clearly outline break time at work, as well as hours worked. The rest period between working days usually comes as part and parcel of standard, normal working hours and, therefore, does not need to be specified – but in contracts with irregular working hours, they often are for compliance.

What Are The Consequences Of Ignoring The Working Time Regulations In 1998?

All employers and employees must adhere to the working time regulations 1998 for several reasons:

Penalties – The Health and Safety Executive (HSE) or any local authorities can levy fines against businesses and companies that are found guilty of violating regulations, with the fines scaling with the severity of the breach.
Employment tribunal claims – The employment tribunal is an avenue by which workers can levy legal complaints against employers, and, if found guilty, they have the authority to pursue fines and other charges.
Enforcement notice – Enforcement notices are, as the name implies, orders from a higher authority mandating a change in conditions on the threat of legal charges.
Criminal prosecution – In cases where workers fall sick, become injured, or are exploited to severe extents, employers can face prison time.

Why Are These Protections In Place?

Aside from being in place to protect workers from exploitation, they are also in place to protect workers from themselves. Japan is a good example of a competitive workaholic society that has faced this issue, with many overtime workers dying of overwork. Nonetheless, the following are the reasons why rest breaks at work and home are necessary:

Fatigue – 7-9 hours a week of rest is required to recharge the fuel in your brain, with fatigue being the result for those who don’t – meaning lower concentration, low mood, low social ability and generally being far less mentally able than you would otherwise be – as an employer it’s important that you stop employees from facing this.
Health risks – Working without breaks for the long term can cause serious stress related to cardiovascular and musculoskeletal problems.
Accident risk – Health and safety have developed over the years to protect workers on the job, but these rules can be hard to follow when you’re fatigued.
Decreased productivity – The fact of the matter is, there’s a limit to how much people can work at a respectable pace and level. After a certain number of hours of being awake, your ability to do anything requiring concentration begins to falter.
Burnout – Prolonged periods of doing the same thing over and over can lead to burnout, which is effectively mental blocks being formed in your mind that are difficult to overcome.

Is Working 7 Days Straight Illegal?

No, despite what the previously outlined rules imply. The law protects employees and gives them a right to 24 hours of uninterrupted rest in a week, aka the seven-day reference period, but where the employer decides the workweek starts and ends means you can work seven days straight.

Furthermore, not only can an employee work seven days straight – they can effectively work 12. For example, if you had 24 hours of rest on a Monday and then worked 12 days, you’d have Sunday off by law.

To move to even further extremes, the ability to write an opt-out clause means employees can choose to work 24 consecutive days with only two days off at the beginning and two days off at the end. That being said, in these situations, a worker is entitled to 11 hours of rest.

How Many 12-Hour Shifts Can You Work In A Row Without Weekly Rest Breaks?

The answer to this, put simply, is 6 consecutive 12-hour shifts, limited by the working time regulations 1988. 11 hours of adequate rest must be allowed between shifts.

Take into consideration, however, that this same set of regulations states that you may not work more than 48 hours a week, which means no more than four 12-hour shifts in a row. This number is worked out as an average over 17 weeks, opening the possibility for more shifts so long as rest is given and shorter shifts worked after the run of 12 hour shifts.

What Are The Exceptions To Employment Laws On Breaks In An Employment Contract?

The nature of an employee’s work may make it so that it’s impossible to give the required breaks. In these cases, exceptions are given with some caveats.

The following are examples:

Emergency services
Security services
24-hour staffing industries
Sea vessels or otherwise isolating roles
Self-employment
Domestic servant

Bear in mind that despite these occupations being seen as exceptions, employers are still required to give compensatory rest. Compensatory rest is, of course, rest periods given as compensation to avoid the drawbacks that come with overwork.

Conclusion

Overall, the rules for how many hours you can assign or work within a week are not overly complex. There are many exceptions and caveats written into the regulations, however, they are always constructed with good reason. Compensation is often given out to those who find themselves unable to get the rest breaks otherwise owed to them, with the threat of legal action via the employment tribunal or other authorities as a consequence of those employers who abuse their workers rest rights.

FAQ – What are the maximum hours allowed to work in a day – UK?

There are no specific legal limits for the number of hours you can work in a single day, but:

Health and safety – Employees mustn’t have working hours that are regularly above 13 hours a day.
Working days – You must have 11 hours of daily rest between working days.
Night workers – Working for more than 8 hours in 24 hours is disallowed.
Working Time Regulations 1998 – This has set a limit for 48 hours a week, averaged over 17 weeks.

FAQ – Can an employee work for more than 48 hours a week if they have more than one job?

Yes, but the weekly maximum working hours applies regardless of whether an employee has more than one job or not:

Opt out – Unless an employee opts out of their protection, then over a 17-week reference period, a person must not work for more than 48 hours a week on average.
Employer responsibility – It is considered the responsibility of the employer to take reasonable steps to check if a person has more than one job to ensure you’re not contributing to adding more hours where none are allowed. That being said, an employee must inform their employers.

FAQ – Does job-related training time and overtime count as working time?

Yes, job-related training time and overtime count towards the total hours of the working week. If training is required by the job, hours must be included. Bear in mind that both paid and unpaid overtime are counted towards the total hours.