How many hours can you legally work? A complete working time guide

The most working time you are legally allowed in Scotland is 48 hours a week.

However, this is on average. This means you can actually work more than 48 hours in one week as long as the average over 17 weeks is less than 48 hours a week. (citizensadvice, 2024)

A short history of the working week

Nearly 100 years ago in 1926, Herny Ford, of Ford Motor Company, normalised and introduced the 40-hour week and by extension the 9 to 5 as we know it.

Where did the extra 8 hours come from?

This would be when the “The Working Time Regulations 1998” came into effect from an EU directive.

The Working Time Regulations cover more than just total weekly working hours. It entitles you to:

• At least 20 minutes rest breaks during the working day if you are expected to work more than 6 hours.
• Overall daily rest of 11 hours between shifts or working days.
• 24 hours (a day) of rest in a 7 day period, or 2 days (48 hours) in a 2 week period
• Holiday entitlement

Limits to The Working Time Regulations 1998

You are not covered under this if you are:

• Heavy goods vehicle, lorry, or coach driver.
• Police, emergency service or in the armed forces
• A worker on a boat
• Airline staff e.g. pilots and cabin crew
• A domestic staff in a private household
• A senior member of staff where your working time isn’t tracked.

What counts as working time?

This time that you the employee are at the ‘disposal’ of your employer, and they can tell you what you can and cannot do with that agreed upon time. This includes time spent:

• Carrying out work duties and activities
• Travelling to a work meeting to meet a customer or client.
• This can be training and training other members of staff.
• Being on call

The increase in Remote, working from home and Hybrid working might have blurred the line with regards to fixed workplace and taking work home. However, the Working Time Regulations cover this and as long as you are doing work then it is counted and you can’t work over 48 hours per week.

What does not count as working time?

This usually does not include:

• A Commute – routine travel to and from home and the workplace if the employee has a fixed workplace.
• Uninterrupted rest breaks
• Travelling outside of normal working hours.
• Non-work-related training.

Can you opt out of The Working Time Regulations?    

Yes, this would be in the form of signing a separate opt-out form from your employer.

Examples of this would be in the hotel hospitality sector when the employee can work over the legal amount as these are open 24/7 in most cases.

If you travel for work

This is defined as not having a fixed workplace. Then travel between home and work is most often counted as working time.

Jobs include:

• Community Carers
• Trades people
• Traveling sales representatives

Night Workers

You are regarded as a night worker if you usually work at least 3 hours a day during ‘night time’ or ‘unsociable hours’ and this time is the period between 11 pm and 6 am.

However, this can be an agreed different time period as long as it is at least 7 hours long and includes the 5 hours between 12 am and 5 am

The maximum hours for night workers

If you are a night worker then you must not work more than 8 hours in 24 hours on average and employees cannot opt out of this limit, including for overtime.

These average hours are calculated either by rolling periods of 17 weeks.

Working Week alternatives

• Flexitime
• Compressed work week

For more information on Working Time Rules visit ACAS.

However, if you are feeling that you are working more than the legal working week, but in reality, it is less – then it might be time to find a new job!