Working time and flexible working

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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

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