The Working Time Regulations 1998 set legal limits on working hours, rest breaks and annual leave. If you work through an umbrella company, those rules still apply. Your employer has to follow them. From April 2026, the Fair Work Agency enforces them.
A UK umbrella company can hold accreditation from FCSA, Professional Passport and SafeRec.
What are the working time regulations?
The Working Time Regulations 1998 give UK workers a legal right to a maximum 48-hour working week, daily and weekly rest breaks, and 28 days of paid annual leave each year. As an umbrella contractor, you are an employee, so these rights apply to you in full.
The rules cover three main areas: weekly hours, rest entitlements and annual leave. Each area has its own conditions. Employers cannot usually ask you to give up these rights. The 48-hour limit is the main exception.
These rules apply whatever sector you work in and however short or long the contract is.
How many hours can you work each week?
The Working Time Regulations set a maximum average of 48 hours a week. That average is worked out over a 17-week reference period. Your employer cannot force you past that average. You can opt out voluntarily, but it has to be your choice.
The 17-week reference period means a short spell of longer hours does not automatically break the limit. But the average across the full period still has to stay at or below 48 hours.
Working more than 48 hours regularly without a signed opt-out is a breach and should be reported.
Night workers have extra protection. They cannot work more than an average of 8 hours per night worked, and health assessments are also a legal requirement.
What is the 48-hour opt-out?
The 48-hour opt-out lets you agree in writing to work beyond the weekly average. Your umbrella or engager may ask you to sign one. You can sign it voluntarily. You can also withdraw it at any time with seven days’ written notice, or longer if the agreement says so.
Signing an opt-out is never compulsory. No one can make it a condition of the contract. Being told you must sign to get the work is a breach of your rights.
Check whether your umbrella contract includes an opt-out clause. If it does, think about whether you actually need it for your role. Many contractors sign one as standard, even when their working pattern does not require it.
Read our full guide to umbrella contractor rights for more.
What are your rest break entitlements?
You’re entitled to a 20-minute rest break if you work more than six hours in a day. You’re also entitled to 11 consecutive hours of rest between working days. In addition, you should get at least 24 hours of uninterrupted rest each week, or 48 hours each fortnight.
These are minimum rights. Your contract can be more generous, but it cannot give you less.
Daily rest means 11 hours between finishing work and starting again. Finish at 10pm and you should not start before 9am. That is a legal minimum, not a suggestion.
Weekly rest means one full day off a week on average. Some night workers and some sectors have modified rules, but the core principle stays the same.
If your engager’s working pattern regularly denies you these breaks, that is a legal issue. Keep a clear record of your hours. Your umbrella is your employer and has a duty to act.
What is your holiday entitlement?
Full-time UK workers get 28 days of paid annual leave per year. This includes bank holidays if your employer counts them. As an umbrella employee, 28 days is your entitlement. Part-time workers get a pro-rata amount based on the hours they work.
Holiday pay is separate, but linked. Your umbrella calculates it from your average earnings. Rules updated in April 2020 mean variable pay, including overtime, is part of that calculation.
Different umbrellas handle holiday pay differently. Some accrue it on each payslip. Others hold it and release it when you take leave. Both approaches are legal if they are handled correctly.
Read rolled-up versus accrued holiday pay for a full explanation. Use the umbrella take-home calculator to see how holiday pay affects your take-home.
Who enforces working time regulations for umbrella contractors?
From 7 April 2026, the Fair Work Agency enforces working time regulations for agency workers and umbrella contractors. The FWA replaced the Employment Agency Standards inspectorate. It now handles NMW enforcement, holiday pay and agency standards under one body. You report violations to the FWA.
Before April 2026, enforcement was split. HMRC handled National Minimum Wage. The Employment Agency Standards inspectorate covered agency worker protections. The Fair Work Agency brought those responsibilities together in one place.
For umbrella contractors, that is a clear improvement. You now have one place to go if your rights are ignored. The FWA can investigate umbrella companies, agencies and engagers.
Full holiday pay enforcement is expected to ramp up from 2027. But the FWA is active now and began taking complaints in April 2026.
Read more in our full guide to the Fair Work Agency explained.
What to do if your rights are being ignored
If your rest breaks are denied, your hours go over the legal limit without a signed opt-out, or your holiday pay is missing, raise it with your umbrella first. If they do not fix it, report it to the Fair Work Agency. Keep records of hours worked, payslips and any written messages.
Your umbrella is your employer, so it has a duty to make sure your working time rights are respected. If the problem starts there, escalate directly to the FWA.
Write down dates and hours worked. Save your payslips. Keep any emails or messages where you raised concerns. The FWA will ask for evidence.
If you work through DASA, contact our team directly. As a fully accredited umbrella, we take compliance seriously. FCSA, Professional Passport and SafeRec all audit our processes. Read about your full rights in our agency worker rights under AWR.
