What counts as a breach of working time regulations?

Working time rules can feel complicated, especially when you are managing rotas, covering sickness and trying to keep the business running smoothly.

The Working Time Regulations are there to protect your business as much as your team.

When they are breached, the risks fall on you: claims, fines, rising costs, rota disruption and difficulties defending yourself if a dispute arises.

Here is what actually counts as a breach and how you can stay protected.

Working too many hours

Most workers cannot work more than 48 hours a week on average over 17 weeks unless they have signed an opt out.

A breach happens when:

• Someone works over the limit without an opt out

• Overtime pushes them over the average and it goes unmonitored

• Hours are not recorded accurately

These gaps can make it harder to defend yourself later if someone raises a complaint or something goes wrong.

What this might look like in your business

• A warehouse team member regularly works 52-hour weeks during peak season with no opt out on file, putting the employer at risk if fatigue causes an accident.

• A manager stops tracking hours for salaried staff, unaware that they are still covered by the rules.

Not giving proper rest breaks

There are three rest rules to follow. Breaks are small details but breaching them creates clear compliance risks for the business.

1. Rest breaks during the day

If someone works more than 6 hours, they must have at least one uninterrupted 20-minute break.

A breach includes:

• Skipping the break completely

• Expecting staff to stay available for calls or customers

• Regularly shortening breaks

2. Daily rest

Workers must have 11 consecutive hours between shifts.

Breaches happen when:

• A chef finishes at 11pm and is rota’d for a 7am start

• A care worker’s on call duties interrupt their overnight rest

3. Weekly rest

Workers must have 24 hours off each week or 48 hours every two weeks.

This often becomes an issue in smaller teams when cover is tight.

These rules protect you too. If an accident or dispute occurs and records show that rest periods were ignored, you are placed in a weaker position.

Not giving the correct holiday entitlement or pay

Everyone is entitled to 5.6 weeks paid holiday.

Breaches include:

• Giving less than the legal minimum

• Not paying holiday correctly for irregular hours, overtime or commission

• Making it too difficult for staff to take time off

Holiday pay errors are one of the most common causes of claims. If calculations are wrong, back payments can build up quickly and become costly.

What this might look like in your business

• A salesperson only receives basic salary for holiday even though most earnings come from commission, leading to a pay dispute.

• Holiday pay for a part year worker is miscalculated after recent changes to the law, leaving the employer financially exposed.

Night work limits

Night workers must not work more than 8 hours in a 24-hour period on average and must be offered a free health assessment.

Breaches include:

• Regularly exceeding 8 hours without monitoring

• No record of night work

• No offer of health assessments

For businesses in logistics, manufacturing and security, this is a key compliance area. Poor records make it harder to defend yourself if something happens during a night shift.

Why breaches happen in small businesses

The biggest risks come from everyday pressures:

• Last minute rota changes

• Seasonal peaks

• Staff shortages

• Long hours that go unrecorded

• On call arrangements mistaken for rest time

• Handwritten timesheets that are incomplete

• Assuming salaried staff are exempt

Most breaches happen unintentionally, but the consequences still fall on the employer.

What to do next

You do not need a complete overhaul. Focus on a few essentials that protect your business:

1. Make sure working hours and breaks are recorded accurately

2. Check whether you have opt-outs for anyone working long hours

3. Review holiday pay, especially for irregular hours

4. Look at rest patterns on your rotas and adjust where needed

5. Review night work arrangements and health assessment offers

Specific sectors may have different rules, so it’s always worth checking your arrangements with an HR consultant.

If you want support with reviewing your working time practices or updating your processes, we can help you to put the right safeguards in place.