Hospitality jobs are fast-paced and fun, attracting people who like the buzz and liveliness of the industry. But they can also involve longer hours and evening work. If you work in this industry you're probably pretty dedicated to your job – but are you heading for a work-life imbalance?
Your employer is legally obliged to consider whether longer hours might be a problem for you and whether you're under stress due to your work. If you're an employee, you have the right to be considered for flexible working, and — employee or worker — you're protected by the Working Time Regulations.
Longer working hours
Although most bar, chef, hotel and other hospitality jobs are bound to involve longer hours or evening work, you should remember your legal rights about how long you work. The law says that you shouldn't have to work over 48 hours (on average) each week – unless you choose to. This includes overtime.
The Working Time Regulations (1998) specify your rights. The regulations determine your maximum weekly working time, pattern of work and holidays, plus the rest periods you must be given daily and weekly.
The regulations also say you're entitled to a minimum of one day off per week. And if you work for more than six hours in a day, you should have a rest break of at least 20 minutes.
Opting out of the 48-hour week
If you're 18 or older and happy to work over 48 hours a week, you can opt out of this 48-hour limit. You have to do this in writing and confirm your choice is voluntary. You shouldn't be sacked or unfairly treated (e.g. refused promotion or overtime) for refusing to sign an opt-out, and you can cancel an opt-out even if it's part of a contract you've signed.
Your employer can't try to make opting out one sweeping agreement across the whole workforce; it has to be done individually with each employee.
If you sign an opt-out, you can cancel it if you give notice of between one week and three months. You should agree this notice period with your employer when you sign up. If you haven't agreed a notice period, you only need to give one week's notice of cancellation.
If you work through a labour provider (an organisation that provides workers for jobs, usually within the catering, agricultural and hospitality industries), they must keep a written record to show you've agreed to work additional hours.
Flexible working
Flexible working describes any working pattern that's adapted to suit you, including part-time working, flexitime and home working. Of course, some options may not be possible for all hospitality jobs, but some might suit you and your work. You can find out more about your options in this article.
Any employee has the legal right to be considered for flexible working. If you're not sure whether you're an 'employee', a 'worker' or 'self-employed', there's help on Directgov. If you're an employee with the right to apply for flexible working, then your employer has a duty to genuinely consider whether your request is possible.
Advice and support
The Pay and Work Rights Helpline can help you with working time limits. You can call them on 0800 917 2368 for advice in any one of over 100 languages. Or you can ask a question using their online form.
You can also get support from the Advisory, Conciliation and Arbitration Service (Acas). They offer free, confidential and impartial advice on all employment rights issues.
Your local Citizens Advice Bureau (CAB) can also provide free and impartial advice.
Further links:
- Acas
- Citizens Advice Bureau
- Pay and work rights Helpline
- Directgov: Working time limits
- Directgov: Working out your employee status
- What are the options available for flexible working?
- Find out more about how to negotiate flexible working
- Shift worker? Caterer.com members share their top tips for life on a shift pattern
- Search for hospitality jobs
