Staff working hours and pay

This section will help you understand the legal requirements about working hours and pay. It includes guidance about the maximum time your can work each day and week and what breaks they are entitled to, and how they can of the legal limits. In addition, it explains the rules about , pay rises, deductions from pay and setting up a payroll system.

Rules about working hours

  1. 1.Are there any restrictions on staff working hours?
  2. 2.Do I need to keep a record of the hours my staff work?
  3. 3.What happens if my business does not comply with the rules about working time?
  4. 4.What should my staff contracts say about working hours?
  5. 5.What is the maximum amount of time I can require a staff member to work for per week?
  6. 6.How do I work out whether my staff are working an average of 48 hours per week?
  7. 7.Do lunch breaks, overtime, travel and training count towards my staff member's working hours?
  8. 8.Does travel time count towards my staff member's weekly working time?
  9. 9.Is there any limit to how many hours I can require a freelancer to work?
  10. 10.Is it my responsibility to make sure agency workers don't work more than 48 hours per week?
  11. 11.How can my staff opt-out of the legal restrictions on working hours?
  12. 12.Once my staff member has opted-out of the legal restrictions on working hours, can they opt back in?
  13. 13.Can I make my staff member opt-out of the legal restrictions on working hours as a condition of their employment?
  14. 14.Can I require my staff to work overtime?
  15. 15.Do I have to offer overtime to my staff if they ask?
  16. 16.How much should I pay my staff for overtime?
  17. 17.Does overtime count towards the legal working hours maximum?
  18. 18.Do I need to allow my staff to take breaks during the day?
  19. 19.What are the rules about working hours for drivers?
  20. 20.What extra breaks do I have to give for monotonous/repetitive work or work at a computer screen?
  21. 21.Can I decide when my staff members take their breaks?
  22. 22.Can I require my staff to work through their rest breaks if necessary?
  23. 23.Do I need to allow my staff a certain amount of time away from work each day or week?
  24. 24.What happens if I cannot provide my staff with the required daily and weekly rest periods?

Night and weekend working

  1. 25.Can I require my staff to work at night?
  2. 26.Which staff count as night workers?
  3. 27.What additional rules apply to night workers?
  4. 28.What are the rules about working time for night workers?
  5. 29.How do I calculate a night worker's average weekly working time?
  6. 30.When can my night worker work beyond the usual 8-hour limit?
  7. 31.When and how must I provide health assessments for night workers?
  8. 32.Do I have to offer a night worker daytime work if their health assessment says they are not suitable for night work?
  9. 33.What are my obligations towards pregnant staff and new mothers who work at night?
  10. 34.Can I require my staff to work at weekends?
  11. 35.What are the rules about weekend work for shop or betting workers?
  12. 36.Can I dismiss my shop or betting worker if they refuse to work on a Sunday?

Young workers

  1. 37.Who counts as a young worker?
  2. 38.What additional rules about working hours do I need to be aware of if I employ young workers?
  3. 39.What are the daily and weekly limits on working hours for young workers?
  4. 40.Can I require a young worker to work beyond the legal daily and weekly hour limits?
  5. 41.What are the rules about night work for young workers?
  6. 42.What are the rules about rest breaks for young workers?
  7. 43.How much time off work per day and per week is a young worker entitled to?

Staff pay

  1. 44.Who is entitled to the national minimum wage or the national living wage?
  2. 45.Do tips and gratuities paid to my staff count towards the national minimum wage or national living wage?
  3. 46.Do I need to pay my staff the real living wage or the London living wage?
  4. 47.Do I have to offer pay increases to staff?
  5. 48.Do I have to offer pay increases to staff on the national minimum wage or national living wage?
  6. 49.I usually offer staff a pay rise but cannot afford it this year; can my staff demand that I do?
  7. 50.If I offer my full-time staff a pay rise, do I have to do the same for part-time staff?
  8. 51.If I offer my permanent staff a pay-rise, do I have to do the same for temporary staff?
  9. 52.In what circumstances are men and women entitled to equal pay?
  10. 53.What counts as 'equal work' for the purposes of the equal pay rules?
  11. 54.What do I need to do if I want to increase my staff member's pay?
  12. 55.What do I need to do to make sure I am giving equal opportunities to my staff when I offer pay rises?
  13. 56.Do I have to share details of what I pay a staff member with other staff members or anybody else?
  14. 57.If my staff member owes me money, can I deduct the amount from their wages to cover it?
  15. 58.Can I deduct pay from staff wages to cover till shortages in a shop?
  16. 59.Can I deduct pay if it will take my staff member's pay below the national minimum wage or the national living wage?
  17. 60.Do I have to reimburse staff expenses?
  18. 61.How should I deal with tips received from customers for my staff?
  19. 62.How do tronc schemes work and should I operate one to distribute staff tips?

Process for paying staff

  1. 63.On what day of the month should I pay my staff?
  2. 64.What should I do if my staff members' agreed payday falls on a weekend or bank holiday?
  3. 65.Do I need to provide my staff with payslips?
  4. 66.What information must my staff payslips contain if their pay varies?
  5. 67.What do I need to do before I pay staff for the first time?
  6. 68.What are my obligations as regards paying income tax and National Insurance contributions on staff wages to HMRC?
  7. 69.What are my obligations as regards paying income tax and National Insurance contributions on staff members' tips?
  8. 70.What are my obligations as regards paying income tax and National Insurance Contributions on staff members' tips that I have contractually guaranteed?
  9. 71.Should I use payroll software?
  10. 72.How do I choose payroll software?
  11. 73.Can I use my accountant to handle my payroll?
  12. 74.What information do I need to obtain from staff to set them up in my payroll system?

48 hour opt-out

You can use this form to record a staff member’s agreement to opt-out of their right to work no longer than 48 hours per week on average. It’s important that your staff member is not pressured into signing the agreement, and isn’t subjected to any detriment if they refuse. The staff member can withdraw their agreement if they wish, with a minimum of 7 days’ notice; the notice period can be increased up to a maximum of 3 months if you both agree. This form requires the staff member to agree that they will give the maximum of 3 months’ notice of withdrawal.

Pregnancy and maternity: risk assessment

This risk assessment for pregnancy and maternity is an important part of your compliance with health and safety laws. Pregnant women and new mothers are particularly vulnerable so it is important to take your health and safety obligations seriously. If you employ any women of child-bearing age and your work could put them at particular risk, you should already be specifically considering the risks relevant to pregnant women and new mothers as part of your general risk assessments. However, you must also conduct an individual risk assessment when an employee tells you she is pregnant or a new mother. This pregnancy risk assessment template makes compliance easy. It includes the most common hazards that could affect pregnant women and new mothers and includes suggested courses of action to help minimise those hazards and protect your employees. Every workplace differs, so this pregnancy risk assessment also has space for you to write any hazards specific to your business. You can also purchase this risk assessment as part of the Pregnancy and maternity toolkit .
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