The Working Time Regulations 1998 require employers to give workers 11 consecutive hours of rest between working days. For hospitality businesses that run late closes and early opens, this is one of the most commonly breached rules in UK employment law.
The core problem: close then open
A pub that closes at midnight needs someone to lock up, cash up, and leave. That person might finish at 12:30am. If they are then scheduled to open the next morning at 9am, the gap is 8 hours and 30 minutes. That is a breach of the 11-hour rest requirement.
The opt-out does not help here
The opt-out under the Working Time Regulations applies only to the average 48-hour weekly limit. It has no effect on the 11-hour daily rest requirement. A worker who has opted out of the 48-hour limit is still entitled to 11 hours between every pair of shifts.
Scheduling options for tight turnarounds
- Push the opening shift later. If the close finishes at 12:30am, the next shift cannot legally start until 11:30am.
- Use a different staff member for the open. The simplest solution is not to schedule the same person for both.
- Split the close. If the closing tasks can be divided so that no one stays until the very end, the finish time comes forward.
RotaKeep flags rest period breaches automatically as you build the rota. Try it free for 14 days, no credit card required.