The Working Time Directive (WTD) sets out rules to protect employees from excessive working hours and insufficient rest.
In the UK, these rules are implemented through the Working Time Regulations 1998 – a law that sets limits on average weekly working hours, minimum rest periods, and annual leave entitlements.
Employers are responsible for ensuring that they and their business adhere to this legislation. Failure to do so could result in fines or legal action being taken against them.
Working Time Directive (UK) at a glance
The maximum average working week is 48 hours (40 hours for young workers).
A daily rest entitlement of 11 consecutive hours.
A weekly rest entitlement of 24 uninterrupted hours.
Employees can choose to opt out of the 48-hour limit.
Why is the Working Time Directive important?
The Working Time Directive was introduced to protect and prioritise workers' health, safety, and wellbeing. Limiting excessive working hours and providing sufficient rest between shifts helps reduce fatigue (and fatigue-related mistakes and accidents) and burnout.
What does WTD mean?
WTD stands for Working Time Directive. In the UK, the term is commonly used to refer to the maximum number of hours an employee can work per week, the minimum rest period employees are entitled to between their shifts, and paid leave.
While the European Union introduced the original Working Time Directive, its regulations still apply through the UK's Working Time Regulations 1998.
Working Time Directive vs Working Time Regulations
The terms ‘Working Time Directive’ and ‘Working Time Regulations’ are often used interchangeably, but there are key differences.
Working Time Directive: The EU legislation introduced in 1993.
Working Time Regulations: The UK law introduced in 1998 to enforce the Working Time Directive.
Maximum working hours under the Working Time Directive
Under UK law, staff must not work more than a 48-hour working week on average unless they voluntarily “opt out” or waive their right to work fewer than 48 hours in seven days.
Some fluctuation is allowed, however. An employee can work more than 48 hours per week from time to time, but they must not exceed an average of 48 hours per week during any 17 weeks. For this reason, employers must keep accurate records of the hours their staff work, as they may need to provide this information to prove that their staff have not worked more than they’re supposed to.
Employees under the age of 18, meanwhile, must not work more than 40 hours per week (eight hours per day, five days per week).
Minimum employee rest periods between shifts
Under the Working Time Directive, UK workers have the right to at least 11 hours’ rest between working days. If an employee finishes work at 8pm, for example, then their next shift should not start any earlier than 7am the next day.
As well as to give employees enough time to rest and recover between shifts (it’s recommended that we sleep at least eight hours in any 24 hours to be at our best), the reason for this mandatory gap is to allow staff time to travel to and from their homes, to socialise, study, or care for dependants — the kind of things that many of us enjoy or have to do alongside working our everyday jobs.
Can employees opt out of the Working Time Directive?
Workers aged 18 and above can voluntarily sign an agreement to opt out of the average 48-hour working week. They cannot be forced to opt out – it must be voluntary – and they can withdraw their agreement by giving notice.
Does the Working Time Directive still apply after Brexit?
Yes. Although the UK left the European Union, the Working Time Regulations remain in force and continue to provide the same core protections around working hours and employee rest periods.
How to record employee working hours
In order to make sure their business complies with the Working Time Directive, employers should keep accurate records of the hours their staff work. In fact, all UK employers are required by law to keep a record of their staff’s working hours for a minimum of two years – and, from the Employment Rights Act, keep holiday records for a minimum of six years.
There are many ways that employers can do this:
1. Calculate total hours based on the rota
This might seem like the simplest method, but keep in mind that the work rota (also known as a roster or schedule) doesn’t take into account days when staff work late (overtime), arrive late for work, or miss a shift due to illness. In such cases, managers will have to amend their rotas retroactively to keep track of the hours their staff actually worked.
2. Paper timesheets
Paper timesheets are cheap and easy to create, but they’ll either need to be stored securely for the minimum term (which can take up a lot of space!) or have their contents manually entered into a spreadsheet or online document, which can take a lot of time and is prone to error. Paper timesheets can also leave your business open to time theft, and can easily be lost or damaged.
3. Digital timesheets
By using modern time and attendance software, staff can clock in and out of their shifts quickly and easily via a terminal or mobile app. Each of these clock-in records is automatically added to employees’ individual timesheets, which are stored securely online, ready for their managers to check or run payroll — with no data entry required.