Maximum Working Time

Statutory rules apply to the maximum amount of hours employees and workers are permitted to work weekly.

Generally, employees and workers over 18 years of age are permitted to work a maximum of 48 hours weekly. Where irregular hours are worked, the average number of hours worked over a prescribed calculation period must be less than 48 hours.

Employees and workers who are over 18 years old and work in prescribed fields and circumstances may be exempt from the 48-hour weekly working time limit. However, the exempts do not apply to employees and workers who are private hire drivers or couriers. Private hire drivers and courier who qualify as workers or employees may work in excess of 48 hours in a week if the opt-out of the statutory rules in writing to their employer. An employee or worker cannot be dismissed or unfaily treated by reason of their refusal to opt out of the maximum weekly working time limit.

Many private hire drivers and couriers appear to be working in excess of the 48-hour working time limit as a result of being paid at a rate less than the national minimum wage. Effectively, employee and worker private hire drivers and couriers must be paid the national minimum wage after deducting their expenses and payments made in connection with the employment.

Where the employment status of a private hire driver or courier is misclassified as self-employed, the driver or courier should notify their employer of the misclassification of employment status, and request that the maximum weekly time limit and all employment rights are properly applied. If the dispute remains unresolved, the driver or courier should refer the matter to ACAS and invoke the Early Conciliation process. Thereafter, if the matter remains unresolved, the driver or courier should consider filing an employment tribunal claim for the matter to be determined.

Private hire drivers and couriers may obtain assistance and representation in pursuing national minimum wage disputes from a solicitor, law centre or trade union.