What Counts as “Working Time” Under UK Law?
James Butler
Published: 18th November 2025
One of the most common compliance questions employers ask is: “Does this actually count as working time?” Under UK law, the answer depends on control, obligation, and restriction — not job title or pay structure.
Travel Between Sites
Travel between work locations during the working day usually counts as working time. For example, travelling between client sites or business premises is included. Normal commuting from home to the first place of work does not usually count.
Mandatory Training
Training required by the employer or necessary for the role counts as working time. This applies even if the training takes place outside normal shifts or working hours.
On-Call vs Standby
On-call time only counts as working time if the employee is required to remain at or near the workplace, or if restrictions significantly limit personal freedom. Being contactable alone does not automatically qualify.
Sleep-In Shifts (Care Sector)
Sleep-in shifts do not automatically count as working time. Where a worker is allowed to sleep and only works when required, only time spent responding to duties counts. This distinction is particularly important in care settings.
Conclusion
Correctly identifying working time is essential for compliance with rest limits, maximum hours, and holiday pay calculations. Clear definitions reduce risk and protect both employers and employees.
This guidance reflects UK employment law as of November 2025. Complex scenarios may require professional advice.
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