Night Work Regulations and Employer Responsibilities
Hours and Limits
Night workers hours
Staff who regularly work at least 3 hours during the ‘night period’ are classified as night workers. The default night period is from 11pm to 6am, though employers and workers can agree in writing to a different 7-hour night period, which must include the time from midnight to 5am.
Staff may also be considered night workers if a collective agreement, such as a trade union agreement, designates their work as night work.
National Minimum Wage
Night workers are entitled to the National Minimum Wage, but there is no higher rate specifically for night work.
Sleep-in Shifts
The payment of the National Minimum Wage for sleep-in shifts depends on the nature of the shift. Workers expected to sleep for most of their shift (e.g., care workers) and provided with appropriate sleeping facilities will only receive the National Minimum Wage for the periods when they are awake to perform tasks.
Conversely, workers expected to work for most of their shift will receive the National Minimum Wage for the entire shift, even if they can sleep between tasks.
Limits on Working Hours for Night Workers
Night workers are subject to additional rules beyond the standard maximum weekly working hours and rest breaks. They must not work more than an average of 8 hours in a 24-hour period. This average is generally calculated over 17 weeks but can extend to 52 weeks if agreed upon by the workers and employer, often through a collective agreement. Regular overtime is included in this average, but occasional overtime is not. Workers cannot opt out of this 8-hour limit.
Workers Aged 16 or 17
Staff aged 16 or 17 are restricted from working between midnight and 4am. Typically, they are also restricted from working between 10pm and 6am, though this can be adjusted to 11pm to 7am by contract. Exceptions are made for work in agriculture, cultural, sporting, artistic, or advertising activities, hospitals, hotels or catering, retail, and postal or newspaper delivery.
In exceptional cases, young workers may work at night if no adult is available and they are needed to handle a sudden increase in demand or to maintain the continuity of a service or production, such as filming. Employers must provide equivalent rest periods for extended shifts and adhere to other restrictions on employing young people.
Special Hazards and Mental or Physical Strain
Night workers dealing with special hazards or tasks involving mental or physical strain cannot work more than 8 hours in any 24-hour period. Employers must conduct a risk assessment to identify these hazards and strains, which may also be detailed in collective or workforce agreements.
Employer Responsibilities
Employers are required to keep records of night workers’ working hours to ensure compliance with the limits. These records must be retained for at least 2 years.
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