Does the 48-hour week apply to agency workers?
Yes. Agency workers cannot be made to work more than 48 hours a week on average, normally over 17 weeks, unless they sign a voluntary written opt-out. The agency that pays them is treated as the employer and must take all reasonable steps to keep to the limit. Many road transport workers cannot opt out at all.
Last checked 26 October 2026. General information, not legal or tax advice.
The rule
Regulation 4 of the Working Time Regulations 1998 says a worker's working time, including overtime, must not average more than 48 hours for each 7 days over a reference period, normally any 17 weeks, unless the worker has first agreed in writing (reg 4). The employer must take all reasonable steps to make sure the limit is kept, and keep up-to-date records of workers who have opted out.
For agency workers, the employer is whoever is responsible for paying them, almost always the agency (reg 36). Government guidance for agencies also says they must make sure workers are not forced to work more than 48 hours a week (GOV.UK).
How the average is worked out
Add up the hours worked over the reference period and divide by the number of weeks. Days of annual leave, sick leave and family leave are left out, and hours from the days just after the period are added instead (reg 4(6) and (7)). A worker can do more than 48 hours in one week if the average stays under (GOV.UK).
| Counts | Does not count |
|---|---|
| Job-related training | Breaks when no work is done, such as lunch |
| Overtime the worker is asked to do | Unpaid overtime they volunteered for |
| Travel that is part of the job | Travel to and from a fixed place of work |
| Time on call at the workplace | Time on call away from the workplace |
| Travel from home to work if there is no fixed workplace | Paid or unpaid holiday |
Opting out
- An opt-out must be voluntary and in writing. A worker cannot be sacked or treated unfairly for refusing (GOV.UK).
- The worker can cancel it with at least 7 days' written notice, or longer if the agreement says so, up to 3 months (reg 5).
- The employer must record who has opted out.
- An opt-out does not remove rest rights: the 11 hours daily rest and weekly rest still apply.
More than one job, and drivers
GOV.UK says a worker's combined hours across jobs should not be more than 48 a week on average (GOV.UK). Temps often have more than one agency or a direct job, so ask, and get an opt-out where it is needed.
Many road transport workers cannot opt out. GOV.UK lists delivery drivers and others in the road transport industry, apart from drivers of vehicles under 3.5 tonnes using GB domestic drivers' hours rules (GOV.UK). Drivers under the assimilated or AETR rules fall under the Road Transport (Working Time) Regulations 2005: a 48-hour average over 17 or 26 weeks, up to 60 hours in a single week, and no individual opt-out (GOV.UK annex 2). Agencies that pay mobile workers must keep their working time records.
Under 18s and what may change
Workers under 18 cannot work more than 8 hours a day or 40 hours a week, with no averaging (GOV.UK).
The Employment Rights Act 2025 does not change the 48-hour limit as far as we found. The government's July 2025 roadmap plans to apply zero hours contract measures to agency workers in 2027, which may affect how hours are offered, but the detailed rules were not published when we checked on 26 October 2026.
Questions people ask
Can an agency make a temp sign the 48-hour opt-out?
No. The opt-out must be voluntary and in writing, and a worker cannot be dismissed or treated unfairly for refusing to sign it. An agency can ask, but it should not make signing a condition of registering or of getting work. Keep a record of each signed opt-out.
Who counts the hours if a temp works for two agencies?
Each employer has a duty to take reasonable steps to keep to the limit. GOV.UK says combined hours across jobs should not average more than 48 a week. In practice each agency should ask the worker about other work and either get an opt-out or plan hours so the average stays under 48.
Does holiday count towards the 48 hours?
No. Paid or unpaid holiday is not working time. Under regulation 4, days of annual leave, sick leave and family leave in the reference period are left out of the average, and the hours worked on the same number of days after the period are counted instead.
Can HGV drivers opt out of the 48-hour week?
Drivers in scope of the assimilated or AETR drivers' hours rules cannot. They are under the Road Transport Working Time Regulations 2005, with a 48-hour average, up to 60 hours in one week and no individual opt-out. Drivers of vehicles under 3.5 tonnes on GB domestic rules can opt out of the 1998 limit.
Sources
- Working Time Regulations 1998, regulation 4 (maximum weekly working time)
- Working Time Regulations 1998, regulation 5 (opt-out agreements)
- Working Time Regulations 1998, regulation 36 (agency workers)
- GOV.UK: Employment agencies and businesses
- GOV.UK: Maximum weekly working hours
- GOV.UK: Calculating your working hours (17 weeks, more than one job)
- GOV.UK: Weekly maximum working hours and opting out
- GOV.UK: Drivers' hours, goods vehicles, annex 2 working time rules
- GOV.UK: Implementing the Employment Rights Bill, roadmap (July 2025)
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