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Working time

The current legislation confirms ‘You can’t work more than 48 hours a week on average – normally averaged over 17 weeks’

Employees can choose to work more by opting out of the 48-hour week. If employees wish to request this, please contact the HR Team for advice.

Remember, If employees are under 18, they can’t work more than 8 hours a day or 40 hours a week.

Calculating your working hours

Average working hours are calculated over a ‘reference’ period, normally 17 weeks.

How the hours are calculated

Employees can work more than 48 hours one week, as long as the average over 17 weeks is less than 48 hours a week. However, the working hours can’t be averaged out if the employee is under 18 because you can’t work more than 40 hours in any one week.

What counts as work

A working week includes:

  • job-related training
  • time spent travelling if you travel as part of your job, eg sales rep
  • working lunches, eg business lunches
  • time spent working abroad
  • paid overtime
  • unpaid overtime you’re asked to do
  • time spent on call at the workplace
  • any time that is treated as ‘working time’ under a contract
  • travel between home and work at the start and end of the working day (if you don’t have a fixed place of work)

What doesn’t count as work

  • A working week doesn’t include:
  • time you spend on call away from the workplace
  • breaks when no work is done, eg lunch breaks
  • travelling outside of normal working hours
  • unpaid overtime you’ve volunteered for, eg staying late to finish something off
  • paid or unpaid holiday
  • travel to and from work (if you have a fixed place of work)
  • You have more than one job
  • Your combined working hours shouldn’t be more than 48 hours a week on average.
  • If you work more than 48 hours on average, you can either:
  • sign an opt-out agreement
  • reduce your hours to meet the 48-hour limit

 Opting out of the 48 hour week

You can choose to work more than 48 hours a week on average if you’re over 18. This is called ‘opting out’.

Your employer can ask you to opt out, but you can’t be sacked or treated unfairly for refusing to do so.

You can opt out for a certain period or indefinitely. It must be voluntary and in writing.

For further information please contact the HR Team – personnel@epwin.co.uk