The Working Time Regulations 1998 provide the legal framework for working hours and rest breaks and outline special rules for night workers. For this reason, 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:
- Regularly works at least 3 hours during ‘night-time’ (typically one in three shifts)
- works during the period between 11pm and 6am, unless an alternative 7-hour window (e.g. 10pm–5am) is agreed.
What are the night working limits?
Employers must ensure adult night workers don”t 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 can 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.
Roles exempted from night working 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).
Adapted night working rules for young workers
Special restrictions apply to workers aged 15–18:
- They mustn’t work between 10pm and 6am (or 11pm and 7am, if their contract allows work after 10pm).
- Limited exceptions apply, but only if essential and not harmful to education or wellbeing, such as for supervised night work in hospitals or hospitality.
- 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 and night.
Further reading
- A brief guide to National Minimum Wage and night working
- The Low Pay Commission plans for national living wage from next year – Hunter Law
- National minimum wage rates – Gov.uk
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