DBS Law Ltd
Tel 0800 157 7055
working hours and holiday entitlement
Adult workers cannot be forced to work more than 48 hours a week on average over 17 weeks (normally). You can work more than 48 hours in one week, as long as the average over 17 weeks is less than 48 hours per week.
Your working week is not covered by the working time limits if you have a job:
- Where you can choose freely how long you will work (eg a managing executive)
- In the armed forces, emergency services and police - in some circumstances
- As a domestic servant in private houses
- As a sea transport worker, a mobile worker in inland waterways or a lake transport worker on board sea going fishing vessels
Opting out of the 48 hour week
If you are 18 or over and wish to work more than 48 hours a week, you can choose to opt out of the 48 hour limit. This must be voluntary and in writing. It can't be an agreement with the whole workforce.
You can cancel your opt-out agreement whenever you want - even if it is part of your employment contract. However, you must give your employer at least seven days notice, and may be up to three months depending on your contract of employment.
Holidays
There is a minimum right to paid holiday, but your employer may offer more than this. The main things you should know about holiday rights are that:
- You are entitled to a minimum of 5.6 weeks paid annual leave (28 days for someone working five days a week)
- Part-time workers are entitled to the same level of holiday pro rata (so 5.6 times your usual working week, eg 22.4 days for someone working four days a week)
- You start building up holiday as soon as you start work
- Your employer can control when you take your holiday
- You get paid your normal pay for your holiday
- When you finish a job, you get paid for any holiday you have not taken
- Bank and public holidays can be included in your minimum entitlement
- You continue to be entitled to your holiday leave throughout your ordinary and additional maternity leave and paternity and adoption leave
