Hours and limits
Staff who regularly work at least 3 hours during the night period are night workers. The night period is 11pm to 6am, unless the worker and employer agree a different night period.
If they do, it must be 7 hours long and include midnight to 5am. It must be agreed in writing.
Staff may also be night workers if there is a collective agreement (for example, trade union agreement) that states their work is night work.
National Minimum Wage
The National Minimum Wage applies to night workers but there is not a higher night working rate.
The number of hours a worker gets paid the National Minimum Wage for a sleep-in shift depends on whether they are expected to sleep or work for most of it. Workers who are expected to work for most of a sleep-in shift (for example, a care worker) will usually get the National Minimum Wage for the whole shift. They will get it for the whole shift even if they are allowed to sleep between tasks.
Workers who are expected to sleep for most of a sleep-in shift will get the National Minimum Wage only when they are woken up to perform tasks. They must be given somewhere suitable to sleep.
Limits on working hours for night workers
Additional rules apply to night workers on top of the rules on maximum weekly working hours and rest breaks. Night workers must not work more than an average of 8 hours in a 24-hour period.
The average is usually calculated over 17 weeks, but it can be over a longer period of up to 52 weeks if the workers and the employer agree - for example, by collective agreement.
Regular overtime is included in the average, but not occasional overtime.
Workers cannot opt out of the limit.
Workers aged 16 or 17
Staff aged 16 or 17 cannot work between midnight and 4am. They usually cannot work between 10pm and 6am (this can be changed to not working between 11pm and 7am, by contract) but there are exceptions if they work in:
- cultural, sporting, artistic or advertising activities
- a hospital
- a hotel or catering
- post or newspaper delivery
In exceptional circumstances they can work at night if there is no adult to do the work and they are needed to either:
- handle a sudden increase in demand
- maintain the continuity of a service or production - for example, filming
The employer must give the young person a rest period of the same length as the extended shift.
Special hazards and mental or physical strain
Night workers who deal with special hazards or whose work involves mental or physical strain cannot work longer than 8 hours in any 24-hour period.
A risk assessment must be carried out to identify special hazards and work involving mental or physical strain.
The hazards and strains may also be set out in collective or workforce agreements.
What employers must do
Employers must keep records of night workers’ working hours to show they are not exceeding the limits.
The records must be kept for at least 2 years.
You cannot discriminate against a worker if they do not want to work nights.