Under the law (The Working Time Regulations 1998), some jobs can have different arrangements for working hours and rest in some circumstances. This is because of the type of work they do.
This applies to workers in jobs:
- that need 'continuity of service or production' – where they need to keep working for a longer period of time, for example in agriculture, hospitals and the media
- with seasonal rushes, such as tourism and agriculture
- in security, caretaking or similar
- who work shifts and are changing their shift pattern
- who have to travel regularly between different workplaces, for example travelling salespeople
- where emergencies can occur, or unusual or unforeseen things can happen
- where they live a long way from where they work – including offshore workers
Other examples of jobs that need 'continuity of service or production' are:
- passenger transport services
- postal services
- prisons
- public utilities
- research and development
- residential institutions
- work that cannot be interrupted for technical reasons
When the job needs it, the rules they're exempt from are:
- length of night work and health assessments
- rest breaks
- daily rest
- weekly rest
The working time limit of 48 hours a week on average still applies to these workers. But the length of time used to work out the average is:
- 52 weeks for offshore workers
- extended from 17 weeks to 26 weeks for all other workers in relevant jobs
If people in these types of jobs have to work through their normal rest, they must still get compensatory rest. This means they must get the same amount of rest at another time.
Employers must still protect the health, safety and wellbeing of people doing this type of work.
Adult domestic workers
Adult domestic workers in a private household (sometimes called 'adult domestic servants') have the right to:
- a 20-minute break if working 6 hours or more
- daily rest of 11 hours between finishing and starting work
- 24 hours rest in 7 days, or 48 hours in 14 days
- holiday entitlement
Civil protection jobs
People working in civil protection jobs could be exempt from the rules around working time, rest and annual leave. These jobs include:
- the armed forces
- the police
- specific activities in civil protection such as the fire brigade, ambulance services, prison services and the coastguard
The exemption only applies when they are dealing with very serious incidents. This is where they are protecting life and ensuring community health and safety.
They could be exempt from:
- paid annual leave
- rest breaks
- daily rest
- compensatory rest
- weekly rest
- night working
- the 48-hour weekly limit
Jobs not covered by the law on working time
The law on working time does not apply to:
- managing and senior executives and those who have the ability to make organisational decisions
- those who are self-employed
This is because they have control over their own working time. They must still have appropriate rest to protect everyone's health and safety.
Jobs with their own working time rules
These types of work are covered by their own working time laws:
- air transport jobs that are mobile – see the Civil Aviation Authority
- lorry, bus and coach driving and crew – see the Driver and Vehicle Standards Agency (DVSA)
- river and lake transport – see the Maritime and Coastguard Agency
- seafaring – see working time regulations for seafarers on GOV.UK
If you're not sure about your working time rights
To check your working time rights, you can:
- check your employment contract
- talk to your employer
- talk to your trade union representative, if you're a member
- contact the Acas helpline