Rest breaks and working time

Under the Working Time Regulations 1998 you cannot be made to work more than 48 hours a week on average, normally measured over 17 weeks, unless you agree in writing to opt out. Work more than six hours in a day and you are entitled to a rest break of at least 20 minutes. You also get 11 hours’ rest between working days, and either 24 hours off each week or 48 hours off each fortnight. These are minimums, and contracts in the NHS, schools and councils often give more.

The 48-hour week

The limit is an average. It does not cap any single week. Your employer adds up your working hours over a reference period, usually 17 weeks, and divides by the number of weeks, so 60 hours one week is fine as long as the average stays at 48 or below. Holiday and sick leave do not count as working time, and the calculation makes up for them with extra days at the end of the period.

Working time includes:

• time spent working, including job-related training
• on-call time when you must be at the workplace
• working lunches and business travel that is part of the job
• overtime, paid or unpaid

It leaves out your normal commute, unpaid breaks, and on-call time at home when you are free to do as you like until called.

Opting out

You can sign an opt-out agreement and work more than 48 hours on average. It must be voluntary and in writing, and you cannot be dismissed or treated badly for refusing to sign. You can cancel an opt-out by giving notice. Your agreement may say how much, within a legal maximum. Some workers cannot opt out, including certain transport and security roles.

Resident doctors in the NHS are on contracts with their own hour limits and rota rules. Many other NHS staff who work extra bank shifts sign opt-outs. The 12-hour shifts guide looks at how long shifts fit within the rules.

Daily rest and breaks

Three rules apply:

Right	Minimum
Rest break during the working day	20 minutes if you work more than 6 hours
Daily rest between working days	11 hours in a row
Weekly rest	24 hours each week, or 48 hours each fortnight

The 20-minute break has to fall during the working day, not at the start or end, and you must be able to leave your workstation. Your employer decides when you take it. A break that gets interrupted by patients or pupils is not a proper rest break.

Hospitals, care settings and residential institutions need continuity of service, and in those jobs employers can vary the daily rest, weekly rest and break rules as long as they give compensatory rest of an equivalent length. The exception is widely used in the NHS and care, and it is why handovers can leave shift gaps shorter than 11 hours. The right to rest stays. It just moves.

Young workers (under 18) have stronger rights, including longer breaks and a lower weekly hours limit. The gov.uk rest breaks page sets them out.

How the rules fit teachers

Full-time classroom teachers in England work 1,265 hours of directed time across 195 days, under the school teachers’ pay and conditions document. Directed time is the time the head can direct you to work. Planning, marking and other tasks done outside it still count as working time for the Working Time Regulations. The 48-hour average applies to teachers, so a very heavy workload can breach it even when directed time is within the limit. Teachers must also have a break of reasonable length around the middle of the school day. The teacher workload guide covers the wider picture.

Holidays

The Working Time Regulations also give every worker 5.6 weeks of paid holiday each year, which is 28 days for someone working five days a week (this can include bank holidays). The holiday entitlement guide has the detail.

If your employer breaks the rules

Keep a record of the hours you work and the breaks you miss. Raise it with your manager first, then use the grievance procedure. Refusing to work beyond the limits, or asserting these rights, is protected, and you cannot lawfully be dismissed or penalised for it. The Health and Safety Executive and local councils enforce the 48-hour limit and the night work limits. Claims about rest breaks and holiday pay go to an employment tribunal after ACAS early conciliation, within the six-month time limit that applies since 1 October 2026. The night work guide covers the extra rules for night workers.