Guide
Working time and rest breaks in hospitality
Working Time Regulations explained for hospitality employers including maximum hours, rest break entitlements, split shift rules, night work limits, young worker protections, and the 48-hour opt-out.
Working time rules for hospitality
The Working Time Regulations 1998 set legal limits on working hours, rest breaks, and holiday entitlement for all workers. Hospitality has consistently high rates of non-compliance with these regulations, driven by long operating hours, seasonal demand, split shifts, and a workforce that may not be aware of their rights.
Non-compliance carries serious consequences. Workers can bring employment tribunal claims for denied rest breaks or holiday pay, and the Health and Safety Executive can take enforcement action where excessive working hours create safety risks. In a sector where tired staff handle hot equipment, sharp knives, and serve food to the public, fatigue is both a legal and safety issue.
Split shifts and rest periods
Split shifts are common in hospitality, particularly in restaurants that close between lunch and dinner service. The Working Time Regulations require specific rest periods that interact with split shift patterns.
Daily rest
Adult workers are entitled to 11 consecutive hours of rest in each 24-hour period. This means if a worker finishes a dinner shift at midnight, they should not start work again until 11am the next day.
Weekly rest
Workers are entitled to either 24 consecutive hours off in each 7-day period, or 48 consecutive hours off in each 14-day period. You can choose which pattern to offer, but the rest must be uninterrupted.
Rest breaks during shifts
Workers are entitled to an uninterrupted 20-minute rest break during any shift longer than 6 hours. The break should be taken away from the workstation, not at the end of the shift. The worker is entitled to spend this time away from their work area.
When gaps in split shifts count as rest
A gap between split shifts can count as a rest break only if the worker is genuinely free to leave the premises and use the time as they wish. If they are required to remain on site, answer phones, or be available for work, the gap is not a rest period.
Compensatory rest
Where the nature of the work means daily or weekly rest cannot be taken at the normal time (common in hospitality during busy periods), you must provide equivalent compensatory rest within a reasonable time. You cannot simply deny rest periods because you are busy. The compensatory rest must be equivalent in length to the rest that was missed.
Night work in hospitality
Night work is defined as work during the night period, which is at least seven hours including the period from midnight to 5am. The default night period is 11pm to 6am, but this can be varied by agreement.
Night worker limits
If a worker is classified as a night worker (regularly works at least three hours during the night period), their average working time must not exceed 8 hours per 24-hour period, calculated over a 17-week reference period. Unlike the 48-hour weekly limit, this cannot be opted out of.
Health assessments
You must offer a free health assessment to night workers before they start night work and at regular intervals afterwards. This is not optional. If the assessment reveals health problems connected to night work, you should transfer the worker to day work where possible.
Hospitality exemptions
Certain hospitality activities benefit from limited exemptions, particularly where there is a need for continuity of service (hotels providing 24-hour reception, for example). However, these exemptions only modify when rest is taken, not whether it is taken. Compensatory rest must still be provided.
Young workers
Workers under 18 have enhanced protections under the Working Time Regulations. These are particularly relevant in hospitality, which employs significant numbers of 16 and 17 year olds.
Maximum hours
- Maximum 8 hours per day and 40 hours per week
- These are absolute limits that cannot be averaged or opted out of
- If a young worker has more than one job, the combined hours must not exceed these limits
No night work
- Young workers must not work between 10pm and 6am (or between 11pm and 7am in certain circumstances)
- There is a limited exception for hospitality where work is not done by an adult and it is necessary to maintain continuity of service, but this is narrowly interpreted
Longer rest breaks
- 30-minute break after 4.5 hours of work (not 20 minutes after 6 hours as for adults)
- 12 consecutive hours of daily rest (not 11 hours)
- 48 consecutive hours of weekly rest (not 24 hours)
The 48-hour opt-out
The Working Time Regulations set a maximum average working week of 48 hours, calculated over a 17-week reference period. Workers can voluntarily opt out of this limit, but strict rules apply.
Requirements for a valid opt-out
- The opt-out must be in writing and signed by the worker
- It must be genuinely voluntary - you cannot make it a condition of employment or disadvantage workers who refuse
- The worker can cancel the opt-out by giving you between one and three months' written notice (the notice period should be specified in the opt-out agreement)
- You cannot dismiss or subject a worker to detriment for refusing to sign an opt-out or for cancelling one
Record keeping
You must keep records of all opt-out agreements and the hours worked by opted-out workers. These records must be kept for two years from the date they relate to. Even with an opt-out in place, you still have a duty of care to ensure working hours do not create health and safety risks.
What the opt-out does not cover
Even if a worker has opted out of the 48-hour limit, they are still entitled to:
- Daily rest of 11 consecutive hours
- Weekly rest of 24 or 48 consecutive hours
- 20-minute rest break during shifts over 6 hours
- 5.6 weeks' annual leave
- The 8-hour night work limit (which cannot be opted out of)
Holiday entitlement
All workers, including those on zero-hours contracts, casual workers, and seasonal staff, are entitled to 5.6 weeks' paid annual leave per year (28 days for a worker working 5 days per week). This is a day-one right with no qualifying period.
Calculating holiday for irregular hours
For workers with irregular hours or part-year contracts (common in hospitality), holiday entitlement is calculated as 12.07% of hours worked in a pay period. This percentage represents 5.6 weeks divided by 46.4 working weeks.
Rolled-up holiday pay
Rolled-up holiday pay: From January 2024, rolled-up holiday pay is permitted for irregular hours and part-year workers under the Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023. This means you can include an additional 12.07% on top of each payment rather than paying separately when leave is taken. This is particularly relevant for many hospitality workers on variable hours contracts.
You must clearly show the holiday pay element as a separate line on payslips so workers can see it is being paid. Rolled-up holiday pay is only permitted for irregular hours and part-year workers, not for workers with fixed regular hours.
Encouraging workers to take leave
You cannot pay workers in lieu of taking holiday (except when employment ends). Workers must actually take their leave. In a sector where staff may prefer to work rather than take time off, you should actively encourage holiday use and keep records of leave taken. Untaken holiday can create a financial liability and indicates potential working time compliance issues.