Working Time & Rest Checker

Check hours and rest against the Working Time Regulations - the 48-hour average week, 11 hours between shifts, weekly rest and the 20-minute break.

First, the honest bit about TOIL

There is no statutory right to time off in lieu in the UK. TOIL is entirely a matter for your contract or your staff handbook — if you have not written it down, nobody is legally entitled to it, and if you have, the terms you wrote are the terms that apply.

What the law does give you is the Working Time Regulations 1998: a cap on average weekly hours, minimum rest between shifts, a weekly rest period, and a break during long shifts. Those are the rules this checker tests, because those are the ones that carry legal consequences. If you offer TOIL, it sits on top of them — it never replaces them. You cannot give someone a day off next month instead of the 11 hours' rest they were owed last Tuesday.

The 48-hour week

Workers cannot be required to work more than 48 hours a week on average, normally averaged over 17 weeks (source: GOV.UK — Maximum weekly working hours).

The averaging is the part people miss. A 55-hour week in December is not a breach if the surrounding weeks bring the 17-week average back under 48. Equally, a steady 50 hours every week is a breach even though no single week looks dramatic. Judge it on the average, not on the worst week.

Workers can opt out of the 48-hour limit, but the opt-out must be voluntary, in writing, and individual — you cannot put it in a collective agreement or make it a condition of getting the job. A worker can cancel their opt-out by giving notice, normally seven days, or up to three months if the agreement says so. Keep the signed opt-outs somewhere you can actually find them.

Workers under 18 cannot work more than 8 hours a day or 40 hours a week, and cannot opt out at all.

Rest between shifts

Adult workers are entitled to 11 uninterrupted hours of rest between working days (source: GOV.UK — Rest breaks at work). Finish at 10pm and you should not be starting again before 9am.

This is the rule most often broken by accident. A late close followed by an early open — common in hospitality, care and retail — quietly breaches it, and it rarely shows up in a payroll report because the hours themselves look reasonable. It only appears if you look at the gap between shifts, which is exactly what a rota system should be checking for you.

Where the 11 hours genuinely cannot be given, the worker must receive compensatory rest of equivalent length soon afterwards.

Weekly rest

Every worker is entitled to an uninterrupted 24 hours without work each week, or 48 hours each fortnight. Check this against the rota over a month rather than a single week — a pattern of six-day weeks with a single day off can drift out of compliance without anyone noticing.

Breaks during the shift

A worker who works more than 6 hours is entitled to one uninterrupted 20-minute break during the shift. Three details matter and are routinely got wrong:

  • It must be uninterrupted — four five-minute breathers do not count.
  • It must be during the shift, not tacked onto the start or the end.
  • It can be unpaid, unless the contract says otherwise. Being unpaid does not make it optional.

Workers under 18 get a longer break: 30 minutes once they work more than 4.5 hours.

Who is exempt

Some roles sit outside the 48-hour limit, including the armed forces and emergency services, sea and air transport, domestic service in a private household, and senior staff with genuine autonomy over their own hours. Transport has its own separate drivers' hours rules. If you are in one of those sectors, check the specific regime rather than relying on the general position.

Keeping records

You must keep records adequate to show the 48-hour limit is being complied with, and keep them for two years. In practice that means knowing hours worked per week, rest between shifts and who has signed an opt-out — which is a spreadsheet job until it isn't, usually somewhere around the twentieth employee.

Sources

Checked 31 August 2026. General guidance, not legal advice.

Frequently asked questions

Is there a legal right to time off in lieu (TOIL)?

No. There is no statutory right to TOIL in the UK - it is purely contractual. What the law guarantees is the 48-hour average week, daily and weekly rest, and the in-work break. TOIL sits on top of those and never replaces them.

What is the maximum working week?

Workers cannot be required to work more than 48 hours a week on average, normally averaged over 17 weeks. A busy week is not a breach if quieter weeks bring the average back down.

Can someone opt out of the 48-hour week?

Yes, but the opt-out must be voluntary, in writing and individual. It cannot be a condition of getting the job, and the worker can cancel it by giving notice - normally seven days, up to three months if the agreement says so.

How much rest is required between shifts?

Adult workers are entitled to 11 uninterrupted hours between working days. Where that genuinely cannot be given, equivalent compensatory rest must follow soon afterwards.

When does a worker get a break during a shift?

A worker who works more than 6 hours is entitled to one uninterrupted 20-minute break, taken during the shift rather than at the start or end. It can be unpaid unless the contract says otherwise.

Do different rules apply to under-18s?

Yes. Workers under 18 cannot work more than 8 hours a day or 40 hours a week, cannot opt out of the limit, and get a 30-minute break once they work more than 4.5 hours.