Building a legal rota: the UK working time rules that matter

This is general information about UK rules, checked on the date above. It is not legal advice, and rules change. For a decision that matters, check the sources below or ask a qualified adviser.

A rota can look perfectly fair and still break the rules. The classic example is the “clopen”, where someone closes up late at night and opens up early the next morning. Most managers write rotas to cover the shifts first, which is natural, so here are the rules to check it against afterwards.

These rules apply to most workers over 18. Different rules apply to young workers and some particular jobs, so check GOV.UK if that might be you.¹

The short version

• A worker doing more than 6 hours a day has the right to one uninterrupted 20-minute break.¹
• Workers have the right to 11 hours’ rest between working days.¹
• Workers are usually entitled to an uninterrupted 24 hours without work each week.¹
• Workers cannot be made to work more than 48 hours a week on average, normally measured over 17 weeks, unless they opt out.²

The four checks to run on every rota

1. A break in each long shift

Workers have the right to one uninterrupted 20-minute rest break during their working day if they work more than 6 hours that day. A tea or lunch break can count. It does not have to be paid, and that depends on the employment contract.¹

Our practical tip is to put the break on the rota itself. If the break is left for people to find a moment during a busy shift, it is often the first thing to go.

2. Eleven hours between shifts

Workers have the right to 11 hours’ rest between working days. GOV.UK’s example is that someone finishing at 8pm should not start again until 7am the next day.¹

This is the rule rotas break most often, and it is easy to miss because each shift looks normal on its own. A 3pm to 11pm shift followed by a 7am start leaves just 8 hours. Look at the gap between the end of one day and the start of the next, particularly when swapping shifts at short notice.

3. A proper weekly rest

Workers are usually entitled to an uninterrupted 24 hours without any work each week.¹ GOV.UK’s rest breaks guide also covers the ways this can be arranged differently.

4. The 48-hour average

A worker cannot work more than 48 hours a week on average, and this is normally averaged over 17 weeks.² Some jobs are treated differently, so check the guidance if you work in an exempt sector.

A single long week does not breach this rule, because it is the average that counts. That makes it easy to overlook, because the problem builds slowly across several months. You need a record of hours to catch it, and this is much easier to do automatically.

Opting out of the 48-hour week

A worker can agree to work more than 48 hours on average, but it has to be their free choice. An employer can ask someone to opt out, but they cannot be sacked or treated unfairly for refusing. The opt-out must be voluntary and in writing, and it can be for a set period or indefinite.³

A worker can later cancel it by giving at least 7 days’ notice, or up to 3 months if their agreement says so.³ Some workers cannot opt out at all, and the same page lists who they are.³ An opt-out covers the weekly limit and does not remove the rest break rules above.

A worked example

Here is a week for one person on a café rota, and how it does against the checks. This is our own illustration.

The fix is simple: move Wednesday’s start to 10am, or swap Tuesday’s shift with someone on the earlier pattern. The difficult part is noticing the problem while you build the rota, not fixing it.

What is changing for flexible staff

Under the Employment Rights Act 2025, workers on zero-hours and low-hours contracts will get the right to guaranteed hours if they want them, compensation if a shift is cancelled, shortened or moved, and reasonable notice of shifts and changes. Acas says the government has not yet announced when these changes will happen.⁴

If you rely on flexible staff, it makes sense to start publishing rotas further ahead and recording when shifts change, because you will need that history once the rules take effect. That is our suggestion, and the final rules are still subject to government consultation.⁴

Keep your rotas

Rotas are useful evidence of the hours people were due to work. You may also need them when working out holiday, because irregular-hours staff build up holiday based on the hours they have worked. Keep past versions so you can show what was actually planned, and record any changes.

Doing this without a spreadsheet headache

A spreadsheet can hold a rota, but it will not warn you that Wednesday’s start is too soon after Tuesday’s finish. Rota software can check these rules each time you make a change, and tell you before you publish rather than after a complaint. You can see the staff side of this in our HR and rota demo.