UK Working Time Regulations (2026/27): 48-Hour Cap, Rest Breaks, Opt-Out
Working Time Regulations 2026/27: the 48-hour average cap and how to opt out, 11-hour daily rest, weekly rest and the 20-minute break rule.
Overview
Practical guide to UK Working Time Regulations 1998 for 2026/27: 48-hour average weekly working cap, individual opt-out (revocable on 7 days notice), 11-hour daily rest, 24-hour weekly rest, 20-minute breaks for shifts over 6 hours, exclusions, night worker rules, what counts as "working time" post-Tyco + Matzak, and post-Brexit retained EU law status.
2026/27 working time limits at a glance
| Right | Limit | Notes |
|---|---|---|
| Maximum average weekly hours | 48 hours | Averaged over a 17-week reference period, extendable to a maximum of 52 weeks by agreement (26 weeks for trainee doctors). Combined across all your jobs. Can opt out individually. |
| Workers under 18 | 8 hours a day, 40 a week | No averaging and no opt-out. |
| Daily rest break | 11 consecutive hours | Between end of one working day + start of next. Workers under 18: 12 hours. |
| Weekly rest break | 24 consecutive hours per 7 days | Or 48 hours per 14 days. Workers under 18: 48 hours per 7 days. |
| In-shift break | 20 minutes | For shifts longer than 6 hours. Workers under 18: 30 minutes for shifts over 4.5 hours. |
| Night worker average | 8 hours per 24 | Averaged over 17 weeks. "Night worker" = ≥3 hours of normal work between 11pm-6am most days. |
| Annual leave | 5.6 weeks (28 days for 5-day week) | See separate Working Time Regulations holiday pay guide. |
What counts as working time
Counts
- Compulsory training
- Business travel between client sites
- Mobile workers' travel from home to first job + last to home (Tyco 2015)
- On-call at workplace
- On-call at home if heavily constrained (Matzak 2018)
- Working through breaks if required
Doesn't count
- Normal commute to a fixed workplace
- Unpaid lunch breaks away from work duties
- Voluntary training in own time
- On-call at home with full freedom to use time
The individual opt-out
- In writing, voluntary, revocable - the opt-out form must be signed by the worker, not imposed as a condition of employment.
- 7 days notice to revoke (or longer if contractually agreed up to 3 months). Revocation doesn't need employer agreement.
- Cannot opt out of rest breaks - only the 48-hour weekly cap.
- No detriment or dismissal for refusing to opt out - detriment is covered by section 45A ERA 1996 and dismissal is automatically unfair under section 101A, with no service requirement.
- Records - regulation 9 requires the employer to keep records adequate to show compliance with the 48-hour limit, retained for 2 years.
- Some sectors prohibit opt-out - notably mobile workers in road transport under Road Transport (Working Time) Regulations 2005.
Related guides
- UK Holiday Pay Calculation 2026/27 - 5.6 weeks + pay components.
- UK Employment Contract Red Flags 2026/27 - unpaid overtime clauses.
- UK Flexible Working Request 2026/27 - reducing hours.
- UK National Minimum Wage 2026/27 - hours × pay floor.
Frequently asked questions
How is the 48-hour week calculated?
Averaged over a 17-week "reference period", which gov.uk says "can be extended to a maximum of 52 weeks if this is agreed, for example, by a trade union" (trainee doctors have a 26-week reference period). All working time counts - including overtime, training, business travel between client sites (not commute to first/last site), on-call time when required to be at workplace. Excluded: commute, unpaid lunch breaks, time on call but at home + free to use as you wish. If you have more than one job, gov.uk says your combined working hours should not be more than 48 hours a week on average - so either opt out or reduce your hours. Working 50 hours one week + 46 the next is fine if the 17-week average is ≤48.
What counts as "working time"?
Regulation 2(1) WTR + EU case law. Working time means (a) any period during which the worker is working, at the employer's disposal and carrying out their activity or duties, (b) any period of relevant training, and (c) any additional period treated as working time under a relevant agreement. Includes: training, business travel between client sites, on-call when required to remain at workplace (Sindicato de Médicos v Conselleria de Sanidad [2000]), some forms of on-call at-home (post-Matzak [2018] - depends on constraint). Excludes: lunch breaks (unless required to remain at desk), commute (Tyco Integrated Security 2015 changed this for mobile workers without a fixed workplace).
Can I opt out of the 48-hour limit?
Yes, individually + in writing. The "individual opt-out" must be (a) voluntary - the employer cannot make it a condition of employment, (b) in writing, (c) revocable on 7 days notice (or longer if contractually agreed up to 3 months). You cannot opt out of the rest break provisions - only the weekly hour cap. Some sectors prohibit opt-out (e.g. mobile workers in road transport under separate rules). The UK has retained the opt-out post-Brexit.
What about rest breaks within the working day?
Regulation 12 WTR: 20 minutes uninterrupted break for any shift longer than 6 hours. The break must be AWAY from the workstation - eating at your desk while still responsible for the work doesn't count. Cannot be at the start or end of the shift (must break it up). Break can be unpaid. Some collective agreements specify longer or paid breaks. Workers under 18: 30 minutes break for shifts over 4.5 hours.
What about night workers?
A "night worker" works at least 3 hours during the "night period" (11pm-6am by default, can be modified by agreement) on the majority of working days. Specific protections: (a) Average 8 hours per 24-hour period over 17 weeks. (b) Free health assessment offered before starting + at regular intervals. (c) Right to transfer to day work where medical reasons require. (d) Special hazardous work (Regulation 6(7)) - the 8-hour limit is absolute, not averaged. Common night worker sectors: healthcare, hospitality, security, manufacturing shift work, logistics.
What sectors are excluded?
Partial or full exclusions apply to: (a) Managing executives and others with "autonomous decision-taking powers" whose working time is not measured or predetermined - regulation 20(1) disapplies the 48-hour cap, the night work limits, daily rest, weekly rest and in-shift breaks (regs 4(1)-(2), 6(1), (2) and (7), 10(1), 11(1)-(2) and 12(1)), but not paid annual leave. (b) Sea, air, road, inland waterway transport - covered by sector-specific rules (Driver Hours, Road Transport (Working Time) Regulations 2005). (c) Doctors in training - now covered (was previously excluded). (d) Armed forces, police, certain emergency services - partial. Many "excluded" workers still retain some WTR protections - check the specific exclusion regulation.
How do I enforce my rights?
Two enforcement routes: (a) HSE (Health + Safety Executive) for the weekly hours + night worker provisions - criminal offence + improvement / prohibition notices. (b) Employment Tribunal for individual rights - rest breaks, paid leave, refusal of opt-out coercion. Time limit 3 months less 1 day, or 6 months less 1 day where the right should have been allowed or the payment made on or after 1 October 2026 (SI 2026/954). Compensation: "just + equitable" - typically uplift on lost wages + injury to feelings for serious cases. You have the right not to suffer a detriment for refusing to sign an opt-out (section 45A ERA 1996), and dismissal for that reason is automatically unfair (section 101A ERA 1996) - no service requirement.
Is WTR going to be replaced after Brexit?
The Retained EU Law (Revocation + Reform) Act 2023 initially threatened to sunset WTR end of 2023 but the government withdrew the sunset clause for most employment law. The Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023 (SI 2023/1426) came into force on 1 January 2024: the record-keeping change applied from that date, and the new holiday rules, including rolled-up holiday pay for irregular hours and part-year workers, apply to leave years beginning on or after 1 April 2024. The 48-hour cap + opt-out + rest breaks remain. The Employment Rights Act 2025 does not repeal them but adds other employment protections. Practical: WTR core protections are stable; technical changes around holiday + recording continue.