Working Time Records in the UK - A Practical Guide Post-Brexit
By EasyHours | April 3, 2025
Understanding UK Working Time Regulations and how they differ from EU requirements
Tags: Working Time Regulations, UK employment law, Brexit, time tracking, HSE compliance, record keeping
The UK has taken a different path from the EU on working time records. While EU countries implemented mandatory daily time tracking from July 2024, the UK government has confirmed that British businesses retain flexibility in how they demonstrate compliance with Working Time Regulations. You need adequate records, but daily time tracking is not mandatory.
This post explains what UK employers actually need to do to comply with Working Time Regulations, how the UK approach differs from the EU's strict requirements, and why good time tracking still makes business sense even when it's not legally mandated in the same way.
Whether you run a small business or a larger organisation, this guide will help you understand your obligations and implement a practical approach to working time records.
Table of Contents
Introduction to UK Working Time Records
The Working Time Regulations 1998 (WTR) have governed working hours in the UK for over 25 years. These regulations, originally derived from the EU Working Time Directive, set limits on working hours and mandate certain rest periods. However, post-Brexit, the UK has chosen to diverge from the EU's increasingly prescriptive approach. See also our complete guide to UK working time requirements.
In 2024, the UK government clarified that while employers must keep adequate records to demonstrate compliance with the WTR, they are not required to implement the comprehensive daily time tracking systems that the EU now mandates. This represents a significant regulatory divergence and potentially reduces administrative burden for UK businesses.
UK Working Time Regulations Explained
The Working Time Regulations establish fundamental protections for workers:
Key Limits and Entitlements:
- 48-hour week: Workers cannot work more than 48 hours per week on average (calculated over 17 weeks)
- Daily rest: 11 consecutive hours rest in any 24-hour period
- Weekly rest: 24 hours uninterrupted rest per week (or 48 hours per fortnight)
- Rest breaks: 20 minutes if working day is longer than 6 hours
- Annual leave: 5.6 weeks paid holiday per year (including bank holidays)
- Night work: Usually limited to 8 hours in 24 on average
Record Keeping Requirements:
Under Regulation 9 of the WTR, employers must keep "adequate records" to show:
- That the weekly working time limit is being observed
- That night work limits are being observed
- Health assessments for night workers have been offered
- Records must be retained for 2 years
What "Adequate Records" Means:
The regulations don't prescribe a specific format. Adequate could include:
- Rotas and shift patterns
- Opt-out agreements (for the 48-hour limit)
- Holiday records
- Payroll data showing hours worked
- Any system that demonstrates compliance
The UK vs EU Divergence
The regulatory paths of the UK and EU diverged significantly following a 2019 European Court of Justice ruling:
EU Position (from July 2024):
- All employers must implement an "objective, reliable and accessible" system
- Daily working time must be recorded for each worker
- The system must track start/end times and breaks
- Applies to all workers with very limited exceptions
- Heavy fines for non-compliance (up to €50,000 per violation)
UK Position (confirmed 2024):
- No requirement for daily time recording
- Employers need only keep records sufficient to demonstrate compliance
- Greater flexibility in how compliance is shown
- The government explicitly rejected following the EU approach
- Focus on outcomes (compliance) rather than process (daily tracking)
Why the Divergence?
The UK government stated that mandatory daily time tracking would:
- Create unnecessary administrative burden
- Particularly impact small businesses
- Not necessarily improve worker protection
- Conflict with flexible working arrangements
This represents what the government calls a "Brexit dividend" - reducing regulatory burden while maintaining worker protections.
What Records Must UK Employers Keep?
While daily time tracking isn't mandatory, employers still need records to prove compliance:
Essential Records:
-
For the 48-hour limit:
- Evidence that workers aren't exceeding the average
- Signed opt-out agreements where applicable
- Records covering a 17-week reference period
-
For night workers:
- Records showing the 8-hour average is not exceeded
- Health assessment records
- Records of any special hazards or heavy physical/mental strain
-
For young workers (under 18):
- More detailed records required
- Daily working time limits apply
- Education/training time must be included
Practical Approaches:
- Fixed hours contracts: Contracts and rotas may suffice
- Variable hours: Timesheets or clock-in systems recommended
- Remote workers: Self-reporting systems acceptable
- Digital solutions: Apps like EasyHours can automate compliance
HSE Inspections:
The Health and Safety Executive (HSE) or local authorities may request to see:
- Your record-keeping system
- Evidence of compliance over previous months
- How you monitor working time
- Opt-out agreements and their validity
Who is Covered and Exemptions
The WTR applies to most workers in the UK, but there are important exemptions:
Covered:
- Employees (full-time, part-time, temporary)
- Agency workers
- Freelancers who are "workers" for employment law purposes
- Apprentices and trainees
Exempt from Some or All Provisions:
- Managing executives: Senior managers with autonomous decision-making
- Family workers: Working in family businesses
- Domestic workers: In private households
- Armed forces, police, emergency services: When dealing with emergencies
- Sea transport workers: Covered by separate regulations
- Mobile workers: In road and air transport (special rules apply)
The 48-Hour Opt-Out:
Unique to the UK (even within the EU previously):
- Workers can voluntarily opt out of the 48-hour limit
- Must be in writing and freely given
- Workers can cancel giving 7 days notice (or up to 3 months if agreed)
- Cannot be a condition of employment
- Records of opt-outs must be kept
Special Sectors:
Some sectors have modified rules through regulations or collective agreements:
- Healthcare (especially junior doctors)
- Offshore oil and gas
- Security
- Transport
Read more about time tracking for different employee groups.
Consequences of Non-Compliance
While the UK approach is lighter than the EU's, non-compliance still carries serious consequences:
Criminal Sanctions:
- Breaching WTR is a criminal offence
- Unlimited fines in the Crown Court
- Up to £5,000 per offence in Magistrates' Court
- Individual managers can be personally prosecuted
HSE Enforcement:
- Improvement notices requiring immediate action
- Prohibition notices stopping certain work practices
- Investigation costs can be recovered from employer
Employment Tribunal Claims:
Workers can claim for:
- Failure to provide rest periods or breaks
- Unpaid holiday
- Detriment for asserting WTR rights
- Automatic unfair dismissal in some cases
Indirect Consequences:
- Increased risk of stress-related illness claims
- Higher insurance premiums
- Reputational damage
- Difficulty recruiting quality staff
- Loss of contracts (many tenders require WTR compliance)
Recent Enforcement Trends:
- Greater focus on gig economy compliance
- Increased scrutiny of opt-out agreements
- More proactive HSE inspections in high-risk sectors
Best Practice Approach
Even without mandatory daily tracking, implementing good time recording practices makes business sense:
Why Track Time Voluntarily?
Legal Protection:
- Clear evidence of compliance if investigated
- Defence against employee claims
- Demonstrates duty of care
Business Benefits:
- Accurate project costing
- Better resource planning
- Identifying productivity patterns
- Fair overtime allocation
- Supporting flexible working
Implementing a Proportionate System
Step 1: Assess Your Needs
- Current working patterns
- Risk of non-compliance
- Sector-specific requirements
- Business benefits beyond compliance
Step 2: Choose Your Approach
- Low risk (fixed hours): Basic records may suffice
- Medium risk (some flexibility): Simple time tracking system
- High risk (variable hours, night work): Comprehensive digital solution
Step 3: Get Buy-In
- Explain it's about protection, not surveillance
- Emphasise benefits (accurate pay, fair workload)
- Consult with unions or employee representatives
- Address privacy concerns
Step 4: Select Tools
Digital solutions like EasyHours offer:
- Simple mobile clock-in/out
- Automatic calculation of averages
- Alerts for potential breaches
- Easy reporting for inspections
- Integration with payroll
Step 5: Monitor and Review
- Regular checks on compliance
- Address any patterns of excessive hours
- Update opt-outs annually
- Keep records organised for inspection
Making It Work in Practice
For Small Businesses:
- Keep it simple - basic spreadsheets can work
- Focus on high-risk areas (overtime, night work)
- Consider low-cost digital solutions
For Growing Companies:
- Implement systems before they're needed
- Standardise across departments
- Train managers on WTR requirements
For Large Organisations:
- Integrated HR and time systems
- Regular compliance audits
- Clear policies and procedures
Conclusion
The UK's approach to working time records reflects a pragmatic balance between worker protection and business flexibility. While you're not required to implement the comprehensive daily tracking systems now mandatory in the EU, you still need adequate records to demonstrate compliance with the Working Time Regulations.
Smart employers are using this flexibility to implement proportionate systems that not only ensure compliance but also deliver business benefits. Whether that's simple spreadsheets for a small team or sophisticated digital solutions for larger operations, the key is finding what works for your organisation.
Consider exploring EasyHours for a solution that provides compliance confidence without unnecessary complexity. With the right approach, working time records become a tool for better business management, not just a regulatory burden.
Remember: good records protect both your business and your workers. In a post-Brexit UK, you have the flexibility to find an approach that works - make the most of it.
