KubitDocs · Legislation

The Working Time Regulations 1998 (SI 1998/1833)

Provisions the documents cite: regs 4 (maximum weekly working time), 5 (agreement to exclude the maximum), 6 (night work), 9 (working time records), 13 and 13A (annual leave and additional annual leave), 16 (payment for leave), 16B (records relating to annual leave entitlement, in force 6 April 2026)

What it requires

reg 4 — unless the worker has first agreed in writing, working time including overtime must not exceed an average of 48 hours for each seven days over the reference period (normally 17 weeks); the employer takes all reasonable steps to keep to the limit and keeps up-to-date records of the workers who have agreed to exceed it. reg 5 — the agreement may be for a specified period or indefinite and the worker may end it on not less than seven days' written notice, or a notice period in the agreement of no more than three months. reg 6 — a night worker's normal hours must not average more than eight in each 24 hours over the reference period, and a night worker whose work involves special hazards or heavy physical or mental strain (including where the Management of Health and Safety at Work Regulations 1999 reg 3 risk assessment recognises a significant risk) must not work more than eight hours in any 24 in which night work is done. reg 9 — records adequate to show compliance with the limits in regs 4(1), 5A(1), 6(1) and (7) and the requirements in regs 6A and 7(1) and (2), kept for two years from when made; daily hours need not be recorded if compliance can be shown without. reg 13 — four weeks' annual leave; reg 13A — additional leave of 1.6 weeks, the two together capped at 28 days (both apply to workers to whom reg 15B does not apply for leave years from 1 April 2024); leave may be carried forward where statutory leave or sick leave prevented it being taken (sick leave: to be taken within 18 months of the end of the leave year) or where the employer did not recognise the right, give a reasonable opportunity to take it, or warn that untaken leave would be lost. reg 16 — leave is paid at a week's pay for each week; for reg 13 and reg 15B leave a week's pay includes commission and other payments intrinsically linked to contractual tasks, payments for professional or personal status (length of service, seniority, qualifications) and other regularly paid payments such as overtime, averaged over the 52 weeks before the leave. reg 16B — the employer must keep records adequate to show compliance with the entitlements in regs 13(1), 13A(1), 15B(2) and 16(1) and the requirements in regs 14(2) and (6) and 15E(2), and retain them for six years from the date they were made, in any format the employer reasonably thinks fit.

The instrument itself: https://www.legislation.gov.uk/uksi/1998/1833. The summary above is our plain-English reading, not the text of the instrument — always work from the source.

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The 5 documents that cite it

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