Employment contracts and working hours

Last Updated: 04.12.2010

All employees have an employment contract with their employer, although it might not be in writing. If you don't have a written employment contract, your contract would have automatically been created when you started to work for your employer.

In this section you can find out more about employment contracts and working hours.

What is an employment contract?

An employment contract, or ‘contract of employment’, is an agreement between an employer and an employee which sets out their employment rights, responsibilities and duties. These are called the ‘terms' of the contract.

Your employment contract doesn’t have to be in writing. However, you are entitled to a written statement of your main employment terms within two months of starting work.

The employment contract is made as soon as you accept a job offer. If you start work it will show that you accepted the job on the terms offered by the employer, even if you don’t know what they are. Having a written contract could cut out disputes with your employer at a later date, and will help you understand your employment rights.

You and your employer are bound to the employment contract until it ends (usually by giving notice) or until the terms are changed (usually in an agreement between you and your employer).

Terms of an employment contract

The terms of your employment contract could be of several different types, some of which do not need to be written down. You should be aware of what the terms of your employment contract are, so that you understand some of your employment rights.

Written statement of employment particulars

If you are an employee who has been working for your employer for longer than one month, you have the right to receive a written statement of employment particulars. This must be provided by your employer within two months of you starting, even if you are going to work for them for less than two months. The written statement will set out some of your main employment rights.

Contract to provide services

If you have a ‘contract to provide services’ or a 'contract for services' with someone, then this is different from an employment contract and generally means you are self employed.

A contract to provide services is an agreement between you and another person to undertake some work for them (for example, paint their house). You do not become an ‘employee’ for this person - you just provide them with a service.

If you are a temporary agency worker you may be contracted with your agency under a 'contract for services'.  Your agency, as an employment business, will be obliged to provide you with a written contract.

Hours of work

Your hours of work will be determined either by agreement with you, or by an agreement with trade unions in your workplace which applies to you.

However the Working Time Regulations 1998 impose restrictions on the maximum number of hours you can be required to work. Different rules apply depending on your age. If you are between 15 and 17 you will be considered to be a young worker and if you are 18 or older you will be considered an adult worker.

Maximum weekly working time

Unless your employer has first obtained your agreement in writing your working time, including overtime, cannot exceed an average of 48 hours for each 7 days. Your employer has a duty to take all reasonable steps to ensure that this limit is complied with. The period of time over which working time is normally averaged is a period of 17 weeks, though this is longer in respect of certain professions (doctors in training have a reference period of 26 weeks and offshore workers 52 weeks), and can be extended by collective agreement up to a maximum of 52 weeks.

Your employer may ask you to opt out of the Working Time Regulations. You can disapply the 48 hour per week maximum by an agreement in writing.

If you are a night worker, you can be required to work only an average of 8 hours in a 24-hour period over a period of 3 months your employer also has to give you the opportunity to have a free health assessment at regular intervals. You should not be assigned to night work unless this opportunity has been given to you before you take up the assignment.

If your pattern of work is such as to put your health and safety at risk, in particular if the work is monotonous or the work rate is pre-determined, your employer must ensure that you are given adequate rest breaks.

Rest Periods

All workers are entitled to a rest period not less than 11 consecutive hours in each 24-hour period. If you are a young worker, you are entitled to not less than 12 consecutive hours. However if you are a young worker the minimum rest period can be interrupted in the case of activities involving periods of work that are split up over the day or which are of short duration.

Your entitlement to daily rests can be modified or excluded by collective agreement or workforce agreement and the period of daily rest can be subsumed by the weekly rest entitlement. However this can only happen where it is justified by objective or technical reasons or reasons concerning the organisation of work.

You are entitled to an uninterrupted rest period of not less than 24 hours in each 7 days during which you are working for the employer. However the employer can substitute two uninterrupted rest periods, each of which is not less than 24 hours in each 14-day period or may substitute one uninterrupted rest period of not less than 48 hours in each 14-day period. Young workers are entitled to 48 hours in each 7 days.

In the case of adult workers, a collective agreement or workforce agreement may exclude or modify the weekly rest period entitlement. Furthermore the weekly rest entitlement does not apply to you if you are engaged in activities which involve periods of work split up over the day (for example cleaning staff).

An adult worker is entitled to a rest break where the daily working time is more than 6 hours. A rest break is an uninterrupted period of not less 20 minutes. You are entitled to spend it away from your work station, if there is one. A collective agreement or workforce agreement can exclude or modify this entitlement.

If you are a young worker and have worked more than 4½ hours you are entitled to a 30-minute break. The entitlement to rest breaks does not apply to workers whose activities involve periods of work split up over the day as above.

Entitlement to annual leave

In each year you are entitled to four weeks holiday.

If you are entitled to a rest period, a rest break or annual leave under the Working Time Regulations or any other provision, including your contract, you are entitled to take whichever of the two is more generous but you have to choose between the two.

There are many exceptions to these Regulations, such as exemptions for workers on board a sea-going fishing vessel and certain activities undertaken by the Armed Forces, police or civil protection services. Until 2009, certain trainee doctors are not entitled to many of the rights under the Regulations.

What to do if you have a problem

If you have a problem you should first try to sort out the problem with your employer. You could contact the Advisory, Conciliation and Arbitration Services (ACAS) for help, or visit the employment useful contacts section for other contacts. If you have an employee representative, such as a trade union official, they may be able to help.

If you cannot resolve the problem with your employer you may be able to make a claim to an Employment Tribunal.

For more information or would like advice on your employment problem visit a North Ayrshire Citizens Advice Bureau and speak to an Employment Adviser. You can find our contact details at the bottom of the page, our hours of business can be found on our opening hours page, alternatively, you can email us via our contact us page.