What Counts as “Working Time” Under UK Law?

The Simple Test: Is the Worker at Your Disposal?

Under the Working Time Regulations, working time is not limited to the minutes someone is physically serving customers, answering calls or using a till. A useful practical test is: is the worker working, carrying out duties, or at the employer’s disposal?

That means managers should look at control and obligation. Was the worker required to be somewhere? Were they required to do something for the business? Could they use the time freely, or were they restricted by the employer? Those questions usually matter more than whether the time was labelled “training”, “travel”, “standby” or “just helping out”.

ACAS guidance lists examples of working time including job-related travel, training needed for the job, being on call at the workplace and anything treated as working time under a relevant agreement. That makes the wording in your contracts, policies and rota rules important, but the reality of what happens on the ground still matters. ACAS working time guidance

1. Normal Shifts and Extra Duties

The easy part is the scheduled shift itself. If someone is rostered from 9am to 5pm and is working during that period, those hours count. But managers often under-record the edges of the shift: opening up, closing down, counting tills, setting alarms, cleaning down, handovers, stock checks, pre-shift briefings and post-shift paperwork.

If the business expects the worker to do these tasks, they should usually be treated as working time. For example, a cafe team member whose visible rota says 8am to 2pm but who is expected to arrive at 7:45am to set up the counter may be working before the published shift begins. The same can apply after the shift if the worker has to stay behind to close properly.

This is where rota software and clock-in data need to work together. A rota shows what was planned. A clock card shows what actually happened. If those two records are consistently different, the difference should be reviewed instead of ignored.

2. Travel Between Sites, Clients or Assignments

Travel is one of the biggest working-time traps for multi-site teams. Ordinary commuting from home to a fixed workplace usually does not count as working time. But travel during the working day will usually count, such as travelling from one branch to another, from an office to a meeting, or from one client to the next.

For example, if a maintenance worker starts at Site A, is then sent to Site B, and finishes at Site C, the travel between those work locations is normally part of the working day. A manager should not treat the worker as “off rota” simply because they were in a car, on a train or walking between locations.

ACAS says travel time while at work will usually count as working time, including travel from one client to the next or from an office to a meeting elsewhere. ACAS guidance on travelling for work

For National Minimum Wage purposes, HMRC guidance also treats travelling for the purpose of working as time connected with employment, including travel between assignments and travel connected with training. HMRC guidance on travelling time

3. Training, Inductions and Refresher Courses

Mandatory training usually counts as working time. This includes training required by the employer, training needed to do the job safely, role-specific refreshers, system training, food hygiene, safeguarding, manual handling, fire safety, first aid where required for the role, and similar sessions.

The practical issue is that training is often arranged outside a normal shift pattern. A part-time worker might do a four-hour evening training session on a day they are not usually in. A new starter might complete online onboarding before their first customer-facing shift. A supervisor might travel to another site for a course. If the employer requires it, managers should be careful about pretending it sits outside working time simply because it is not on the normal rota.

Citizens Advice explains that job-related training can count as working time if the employer has agreed for the worker to do it, and that it can still count even when it takes place outside normal working hours. Citizens Advice on job-related training

4. On-Call Time, Standby and Being Contactable

On-call arrangements need careful handling because small details change the answer. A worker who is simply contactable at home may not be working for the whole on-call period. But a worker who must remain at the workplace, stay very close to it, respond immediately, or follow tight restrictions may be much closer to working time.

Compare these examples:

• More likely to count: a hotel night manager must stay on site overnight and respond to guest issues.
• More likely to count: a care worker must stay inside the care home, carry out checks and respond to residents.
• Less likely to count in full: a manager keeps their phone nearby at home but can otherwise use the evening freely.
• Still likely to count when called out: the actual time spent answering calls, travelling to site or resolving an issue.

ACAS gives specific guidance on employees who are on call or sleeping in, including examples where contractual duties and restrictions make a difference. ACAS guidance on on-call and sleep-in arrangements

5. Sleep-In Shifts in Care and Support Work

Sleep-in shifts are one of the most misunderstood areas because working-time rules, minimum wage rules and contract wording do not always line up neatly. A “sleep-in” usually means the worker is expected to sleep at or near the workplace and only perform duties if needed. That is different from a waking night shift where the worker is expected to remain awake and actively work throughout.

For National Minimum Wage purposes, the Supreme Court position following the Mencap case is that sleep-in care workers are generally entitled to minimum wage only when they are awake for the purpose of working, not automatically for every hour spent asleep. The Low Pay Commission has also summarised that position. Low Pay Commission summary on sleep-in shifts

That does not mean employers can be casual about recording sleep-ins. You still need to know when the worker was required to be awake, what duties they performed, whether checks were scheduled, how often interruptions happened and what the contract or local agreement says. In care settings, those details can also affect fatigue, safe staffing and rest planning, not just pay.

6. Breaks, Working Lunches and Interrupted Rest

A break is only useful if the worker can actually stop working. If an employee stays at their workstation, keeps serving customers, answers the phone, watches the door or remains responsible for residents during a “break”, the business should be cautious about treating that as genuine rest.

Adult workers are generally entitled to a 20-minute rest break when working more than six hours, but some sectors and shift patterns have special rules or compensatory rest arrangements. Managers should focus on reality: was the break taken, was it uninterrupted, and was the worker free from duties?

This matters for morale as well as compliance. A rota that looks compliant on paper but never gives staff a real break will quickly create frustration, sickness absence and turnover.

7. Overtime, Shift Swaps and Staying Late

Overtime can count as working time even when it was not planned at the start of the week. If a team member stays late because the next person has not arrived, covers a sickness gap, helps close after a rush, or takes an extra shift through a swap, those hours should be reflected in the working-time record.

Occasional overtime can still matter for rest and fatigue, even if it does not always have the same treatment as regular overtime for every calculation. For night workers, GOV.UK says the average limit is usually calculated over 17 weeks, regular overtime is included in the average, and occasional overtime is not. GOV.UK night working hours

The risk with manual rota changes is that the rota gets edited but the compliance picture does not. A swap may solve today’s staffing gap while accidentally creating an 11-hour rest issue, a long run of shifts, or a night-work average problem.

A Practical Working-Time Checklist for Managers

When you are unsure whether time should be counted, ask these questions before publishing the rota or approving the clock card:

• Was the worker required to be at a particular place?
• Was the worker required to perform duties, stay available or follow instructions?
• Could the worker use the time freely for themselves?
• Was the activity required by the employer, such as training, travel between sites or a handover?
• Did the time affect daily rest, weekly rest, night-work limits or the 48-hour average?
• Is there a clear record showing what was planned, what was worked and who approved any change?

If the answer depends on a tiny factual detail, record that detail. “On call” is too vague. “On call at home, must respond within 60 minutes” is much clearer. “Sleep-in” is too vague. “Sleep-in with scheduled three-hourly checks” tells a manager, payroll team or adviser far more.

How FlowRota Helps With Working-Time Records

FlowRota is designed for the reality of shift-based work: planned shifts change, staff swap, managers need cover, and the legal risk is often hidden in the details. A spreadsheet can show hours, but it rarely shows the story behind those hours.

• Clear shift records: build a reliable record of scheduled hours, actual clocked hours and changes made by managers.
• Availability-led planning: reduce avoidable last-minute changes by planning around when staff can actually work.
• Swap oversight: allow flexibility while keeping managers in control of who is working and whether the rota still makes sense.
• Compliance warnings: help managers spot potential issues with rest, long weeks and shift patterns before they become disputes.
• Audit trail: keep a clearer history of rota decisions, approvals and worked hours than scattered texts or WhatsApp messages.

For more on planning compliant shifts, see our guide to reference periods and holiday pay or explore FlowRota staff rota software for UK shift-based teams.

FAQs: What Counts as Working Time?

Does travelling from home to work count?

For a worker with a fixed workplace, ordinary commuting from home to work and back again does not usually count as working time. Travel during the working day between work locations is different and will usually count.

Does online training at home count?

If the training is required by the employer or needed for the role, it should usually be treated as working time. That is true even if the worker completes it at home or outside their usual shift pattern.

Does answering work messages after a shift count?

It can. A one-off quick reply may be minor, but regular, expected post-shift admin should not be ignored. If managers expect staff to keep working after the rota says they have finished, the rota may be understating actual working time.

Are sleep-in shifts the same as waking nights?

No. A waking night is usually active work throughout the night. A sleep-in is usually an arrangement where the worker is allowed to sleep and only works when needed. The exact duties, interruptions and contract wording matter.

Why does this matter for rotas?

Because working time feeds into rest rules, maximum weekly hours, night-work limits, overtime records, holiday pay and payroll accuracy. If your rota misses working time, your compliance checks may be wrong before the week has even started.

Conclusion

Working time is not just the shift printed on the rota. It can include travel between sites, required training, opening and closing duties, on-call restrictions, interrupted breaks, overtime and time spent dealing with work outside the published shift. The key is to look at what the worker was required to do, where they had to be, and how much freedom they actually had.

Managers do not need to become employment lawyers, but they do need a consistent system. Define your rules, record the reality, review exceptions and make sure rota changes update the wider compliance picture.

This article is general information for UK employers and managers, not legal advice. Guidance was reviewed in May 2026. For complex working-time, sleep-in or pay arrangements, seek professional advice.