Recording working hours in the UK: what the law requires

Do UK employers have to record working hours?

Not in the way EU employers do. There is no UK equivalent of the German BAG ruling or a blanket duty to log every start and finish. The EU Court of Justice’s 2019 “CCOO” decision, which forced EU member states to require daily time-measurement systems, does not bind the UK after Brexit. What the UK does have is a narrower record-keeping duty under the Working Time Regulations 1998.

What the Working Time Regulations require

• Adequate records to show that the 48-hour weekly limit (averaged over 17 weeks) is being met.
• Up-to-date records of workers who have signed an opt-out from the 48-hour week.
• Records relating to night workers and their health assessments.

Notably, Acas is explicit that you do not have to log every daily hour – you must be able to show that staff stay under the 48-hour average unless they have opted out. That is a much lighter obligation than a full daily time record.

What changed in January 2024

Since 1 January 2024, regulation 9 has spelt this out. You may keep the records “in such manner and format” as you reasonably think fit, and you need not record each worker’s daily hours if you can demonstrate compliance without doing so. The records you do keep must still be retained for two years from the date they were made.

The limits worth tracking

• The 48-hour average week, normally calculated over 17 weeks, for anyone who has not opted out.
• Night workers: no more than an average of 8 hours in any 24-hour period, usually over 17 weeks. Night workers cannot opt out of this limit.
• Young workers under 18: no more than 8 hours a day or 40 hours a week.
• Rest: an uninterrupted 20-minute break when the day is longer than 6 hours, 11 hours’ rest between working days, and 24 hours off each week (or 48 hours each fortnight).

Regulation 9 does not name the rest rules. But if a worker says they missed a break or their daily rest, actual start and finish times answer the point quickly.

Why track time anyway?

Even where the law is relaxed, tracking time properly pays off:

1. 1Accurate pay. Hours, overtime and premiums flow straight into payroll without guesswork.
2. 2Fairness and disputes. A clear record settles “I worked that Saturday” before it becomes an argument.
3. 3Compliance headroom. If the rules tighten – as they periodically do – you are already set up.

Other records that depend on hours

Two other duties lean on the same data, and both carry longer retention periods:

• National Minimum Wage: records sufficient to show you paid at least the minimum wage, kept for six years. For hourly-paid staff, that means knowing the hours.
• Holiday: Acas guidance says that from 6 April 2026 employers must keep records of annual leave and holiday pay for at least six years.
• Opt-outs: keep the signed agreement while it applies – a worker can cancel with at least seven days’ notice, or up to three months if agreed.

A worked example

Example: a hotel kitchen with 20 staff runs long weeks in summer. One chef works 55 hours a week for six weeks and 42 hours for the following eleven. Over those 17 weeks the total is 792 hours – an average of about 46.6 hours, just inside the limit.

Swap two quieter weeks for 55-hour ones and the average tips over 48, so the chef would need a valid opt-out or a lighter rota. Without records, nobody would notice in time. Holiday and sick leave need care in the calculation – Acas explains the method.

Setting up a simple, defensible record

1. 1Record actual start and finish times, not just the rota.
2. 2Flag night workers and under-18s separately, as their limits differ.
3. 3Check the averages monthly rather than waiting for a complaint.

Common misconceptions

• “We must log every hour like in the EU.” Not in the UK.
• “The opt-out means no records at all.” You still need to keep the signed opt-out and night-work records.
• “Salaried staff are exempt from everything.” The 48-hour limit and rest rules still apply unless validly opted out.
• “An opt-out covers night work too.” It does not – the night-work average applies regardless.