Working time and flexible working

The Working Time Regulations 1998 (WTR 1998), SI 1998/1833 provide basic minimum rights to work a reasonable number of hours and have reasonable rest breaks and holidays. They also include special protections for night workers and young workers who are considered to be at particular risk. However, a large number of people are either wholly or partially excluded.

Eligibility for working time rights

The provisions setting out who is covered by WTR 1998 are complicated. Some whole job sectors are totally excluded. Other sectors are partially excluded.

Even if a worker's job type is covered by WTR 1998, their specific job may be subject to one of the 'special case' exemptions, or be one which is not entitled to the full protection of the regulations because they control their own hours, work unusual shifts or because they are covered by an opt-out under a collective agreement.

For further information, see Practice Note: Eligibility for working time rights.

Hours of work and working time

Workers and employers are free to agree any hours of work they choose up to the maximum working hours set out

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

TAKE A FREE TRIAL

Latest Employment News

Lords vote to create duty to probe whistleblowers concerns

Law360: Employers would be obliged to investigate concerns raised by whistleblowers under an amendment to the Employment Rights Bill (ERB) put forward by the House of Lords.

Acas publishes annual report for 2024 to 2025

Acas has published its annual report for from 1 April 2024 to 31 March 2025.

MPs launch inquiry into enduring disability employment gap

Law360: Senior MPs have launched an inquiry into the persistent gap in employment between people who are disabled people and non-disabled people, calling for evidence and ideas on how to close it as part of a broader push to address labour inequality.

DBT launches call for evidence on unpaid work practices

The Department for Business and Trade (DBT) has launched a call for evidence seeking views on unpaid internships and related work practices. The consultation examines five key areas: unpaid internships and internships paid below the National Minimum Wage (NMW), unpaid work trials and work trials paid below NMW, voluntary workers, volunteers, and work shadowing. The call forms part of the government's commitment to ban unpaid internships unless part of educational or training courses. Running from 17 July to 9 October 2025, the consultation targets input from individuals with direct experience, worker groups, employers, businesses, and subject matter experts. The Department aims to publish its response by February 2026.