Working time and Night Work

The Working Time Regulations 1998 provide the legal framework for working hours and rest breaks. They contain special rules for night workers. HR professionals must carefully manage night work arrangements. Here’s what you need to know.

Who is a Night Worker?

Under the Working Time Regulations 1998, a night worker is someone who:

• works at least 3 hours during ‘night-time’ as a normal course (typically one in three shifts); and
• works during the period between 11pm and 6am, unless an alternative 7-hour window (e.g. 10pm–5am) is agreed.

What are the limits?

Employers must ensure adult night workers do not work more than 8 hours in a 24-hour period, averaged over 17 weeks. This includes overtime. If the work involves special hazards or strain, the 8-hour cap applies per shift with no averaging.

Workers can’t opt out of night work limits individually, but employers may vary them through a collective or workforce agreement.

These limits apply alongside usual working time protections, such as rest breaks and weekly working hour limits.

Exceptions to the rules

Some roles are exempt from night work limits, including:

• Emergency services, police, armed forces
• Domestic workers in private homes
• Roles with unmeasured working time (e.g. executives)
• Work requiring 24/7 staffing or urgent cover (e.g. agriculture, transport, hospitality)

Young workers

Special restrictions apply to workers aged 15–18:

• They must not work between 10pm and 6am (or 11pm and 7am, if their contract allows work after 10pm).
• Limited exceptions apply, such as for supervised night work in hospitals or hospitality – only where essential and not harmful to education or wellbeing.
• Employers must complete a risk assessment before assigning young workers to night duties.

HR takeaway

HR teams should:

• regularly review night shift patterns for compliance.
• conduct risk assessments, especially for hazardous roles and young workers.
• monitor total working hours across multiple roles.

A proactive and compliant approach protects both employees and the business – day or night.

Speak to Jon Dunkley

Jon is a Partner at Wollens and can advise you. Contact Jon via email jon.dunkley@wollens.co.uk or call 01271 341021.

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