Working time rules in UK hospitality: breaks, rest, the 48-hour week and young workers
In Great Britain, adult hospitality workers are entitled to a 20-minute break if they work more than six hours, 11 hours' rest between working days, and 24 hours off each week (or 48 hours each fortnight). The working week can't average more than 48 hours unless the worker opts out in writing. Night workers can't average more than 8 hours in 24, and under-18s have tighter limits on hours, breaks and night work.
On this page
Hospitality runs on long days, late finishes and early deliveries, which is exactly where the working time rules bite. This guide sets out the rules as they stand in October 2026, in the order you'll meet them when you write a rota.
The rules at a glance
| Rule | Adults (18+) | Young workers (above school leaving age, under 18) |
|---|---|---|
| Rest break during the day | 20 minutes if working more than 6 hours | 30 minutes if working more than 4.5 hours |
| Daily rest between working days | 11 hours | 12 hours |
| Weekly rest | 24 hours each week, or 48 hours each fortnight | 48 hours each week |
| Maximum working time | 48 hours a week on average, unless they opt out | 8 hours a day and 40 hours a week; no opt-out |
| Night work | Night workers: average of no more than 8 hours in 24 | Usually not 10pm to 6am (or 11pm to 7am); never midnight to 4am |
These figures come from GOV.UK and apply to workers in England, Scotland and Wales under the Working Time Regulations 1998. Northern Ireland has its own regulations; nidirect sets out the same core figures for breaks, daily rest and weekly rest, so check nidirect for anything NI-specific.
Rest breaks during a shift
An adult who works more than six hours in a day is entitled to one uninterrupted 20-minute rest break. Acas adds some useful detail:
- The break should be taken during the working day, not at the very start or end of it. Tacking it on at the end of a shift so someone leaves 20 minutes early doesn't count.
- It should be uninterrupted and away from where they work. A "break" spent covering the bar because it got busy isn't a break.
- It doesn't have to be paid unless the contract says it is or you've agreed to pay it.
- A longer shift doesn't automatically mean a longer break. A 12-hour shift still carries a legal entitlement of 20 minutes, though Acas suggests employers consider giving more.
In practice, plan breaks into the rota. On a Saturday double, the gap between lunch and dinner service often does the job; on a straight 11am to 7pm bar shift, write the break time on the rota so it actually happens.
Daily rest: the 11-hour rule
Adults are entitled to 11 hours' rest between working days. This is the rule hospitality breaks most often, usually through the "clopen": closing late and opening the next morning.
| Finish | Next start | Rest | Within 11 hours? |
|---|---|---|---|
| 23:30 | 10:30 | 11 hours | Yes |
| 00:30 | 10:00 | 9.5 hours | No |
| 01:00 | 12:00 | 11 hours | Yes |
| 22:00 (split shift) | 08:00 | 10 hours | No |
There are exceptions where compensatory rest applies instead, meaning the worker gets an equivalent period of rest later. GOV.UK lists situations including shift workers who can't take daily or weekly rest between shifts, workers whose day is split up, and busy seasonal periods in industries such as tourism. These are exceptions, not a rota strategy. If you rely on them every week, take advice. Our guide to split shifts in hospitality covers how to plan long split days without breaking the 11-hour rule.
Weekly rest
Adults are entitled to either 24 uninterrupted hours without work each week, or 48 uninterrupted hours each fortnight. Young workers are entitled to 48 hours each week; Acas says this can drop to 36 hours if there's a good business reason, with the other 12 taken as soon as possible afterwards.
Weekly rest is separate from daily rest. A day off that starts at 1am after a close and ends at 9am the next morning isn't 24 hours.
The 48-hour week and the opt-out
Workers can't work more than 48 hours a week on average, normally calculated over 17 weeks. So a head chef can do 55 hours in a busy December week as long as the average across the reference period stays at or below 48.
Adults can choose to opt out:
- The opt-out must be voluntary and in writing, for a set period or indefinitely.
- You can ask, but a worker can refuse without being dismissed or treated unfairly.
- They can cancel at any time, even if it's in their contract, by giving at least 7 days' notice, or up to 3 months if your agreement requires it.
- You must keep a record of opt-outs.
Under-18s can't opt out. Their limit is 8 hours a day and 40 hours a week.
Acas explains that working time includes time at the employer's disposal doing work, duties or job-related training, so a compulsory food hygiene training session counts. Normal travel between home and work and rest breaks where no work is done don't.
Night workers
The night period is 11pm to 6am unless you and the worker agree a different seven-hour period, which must include midnight to 5am, in writing. A night worker is someone who regularly works at least three hours during that period. In hospitality that can include night porters, late-licence bar staff and overnight cleaning teams.
- Night workers must not average more than 8 hours in any 24-hour period, usually over 17 weeks (extendable up to 52 weeks by agreement).
- They can't opt out of the night work limit. Regular overtime counts towards it.
- You must offer a health assessment before someone becomes a night worker, and repeat it as often as is reasonable.
- Where work involves special hazards or heavy physical or mental strain, the limit is 8 hours in any 24 with no averaging.
Young workers (under 18)
For staff above school leaving age but under 18:
- 8 hours a day, 40 hours a week, no opt-out.
- 30-minute break if working more than 4.5 hours, ideally one continuous break.
- 12 hours' rest between working days and 48 hours a week.
- Night work: usually not between 10pm and 6am, or 11pm and 7am if the contract allows work after 10pm. Hotels, catering, pubs and restaurants are among the sectors where under-18s may work until midnight or from 4am, but only if no adult is available to do the work and it won't harm their education or training. Never between midnight and 4am. If they do work at night, they need supervision where necessary and an offer of a health assessment.
School-age children (usually 14 to 16) have stricter limits. In term time they can work up to 12 hours a week: no more than 2 hours on a school day or Sunday, and up to 5 hours on a Saturday at 14 or 8 hours at 15 to 16. They can't work during school hours, before 7am or after 7pm, and need a break of at least an hour after four hours' work. Many councils require an employment permit, and local bylaws can restrict the jobs children can do, so check with your council.
Records you need to keep
You don't need to log every hour every day, but Acas says you must keep records showing:
- Workers are within the 48-hour average (unless they've opted out), and a record of the opt-outs.
- Night workers are within their limits, and health assessments were offered.
- Young workers aren't working during restricted hours.
Keep them for two years from the date they were made. Published rotas and timesheets are the obvious place to start. Holiday records are separate and now have a six-year rule; see our guide to holiday pay for hospitality staff.
What's changing
The Employment Rights Act 2025 includes new rights for workers on zero-hours and similar contracts: guaranteed hours, reasonable notice of shifts, and payment for shifts cancelled or changed at short notice. As of October 2026, the government's timeline says the dates for these will be set after its consultation, so they're not in force yet. If you rely on casual staff, watch for the start dates, because they will change how far ahead you need to publish and change rotas.
A practical checklist for your rota
- Every shift over 6 hours (4.5 for under-18s) has a break written on it, not at the start or end
- 11 hours between finish and next start for adults; 12 for under-18s
- 24 hours off each week (or 48 a fortnight) for adults; 48 a week for under-18s
- Nobody trending above a 48-hour average without a signed, voluntary opt-out
- Night workers identified, offered a health assessment, within 8 hours on average
- Under-18s within 8 hours a day and 40 a week, and not working restricted night hours
- School-age staff within term-time and holiday limits, with council permits if required
- Rotas and opt-outs kept for at least two years
How ShiftComplete helps
ShiftComplete builds a draft rota from your team's availability and your events, and you adjust it by dragging shifts before you publish. Because you can give someone up to four time blocks in a day and add day notes, breaks and split days are visible on the rota rather than assumed. Holidays are recorded so you don't rota someone who's off. You still need to check the rules above; the app makes the rota clear enough that problems like a 9-hour turnaround are easy to spot.
This guide is a summary, not legal advice; for a specific situation, talk to Acas or an employment adviser.
Frequently asked questions
Do staff have to be paid for their rest break?
No, not by law. The 20-minute break for working more than six hours doesn't have to be paid unless the employment contract says so or you've agreed it. Many hospitality venues give a paid staff meal break as a benefit. Whatever you do, be consistent and put it in writing so everyone knows where they stand.
Can I make bar staff sign the 48-hour opt-out?
You can ask, but you can't make them. The opt-out must be voluntary and in writing, and a worker can refuse without being dismissed or treated unfairly. They can also cancel it at any time with at least 7 days' notice, or up to 3 months if your agreement says so, even if it's in their contract.
Is closing at midnight and opening at 9am allowed?
For an adult, a midnight finish and 9am start gives 9 hours' rest, which is short of the 11 hours' daily rest they're entitled to. There are limited exceptions where compensatory rest applies instead, for example shift workers who can't take daily rest between shifts, but don't build a rota that relies on them every week.
Can 16 and 17 year olds work late in a pub or restaurant?
Under-18s usually can't work between 10pm and 6am, or 11pm and 7am if their contract allows work after 10pm. Hotels, catering, pubs and restaurants are among the sectors where they may work until midnight or from 4am, but only if no adult is available and it won't harm their education or training. They can never work between midnight and 4am.
Who counts as a night worker in hospitality?
Anyone who regularly works at least three hours during the night period. The night period is 11pm to 6am unless you agree a different seven-hour period, including midnight to 5am, in writing. Night porters, late bar staff and some kitchen cleaners can qualify. Night workers can't average more than 8 hours in 24 and must be offered a health assessment.
Sources
- Rest breaks at work: GOV.UK
- Rest breaks at work: young workers, GOV.UK
- Rest breaks at work: compensatory rest, GOV.UK
- Maximum weekly working hours: GOV.UK
- Maximum weekly working hours: opting out, GOV.UK
- Night working hours: GOV.UK
- Rest and breaks at work: Acas
- Working time rules: Acas
- Night workers: Acas
- Pay and hours for young workers: Acas
- Restrictions on child employment: GOV.UK
- Rest breaks: nidirect (Northern Ireland)
- Plan to Make Work Pay and Employment Rights Act: timeline update, GOV.UK
Checked 24 October 2026. This guide is general information, not legal advice.