Employer’s guide to night shift employment laws in the UK

Night shift workers are essential to keeping many UK businesses running smoothly, whether it’s during the quiet hours of the night or in bustling 24/7 operations.

But employing night shift staff isn’t as simple as adjusting the schedule—you have legal responsibilities to ensure they’re treated fairly, paid properly, and kept safe.

If you need immediate help on this topic, you can contact our employment law experts.

This guide will walk you through the key areas of UK night shift employment laws, including minimum wage rules, working hour limits, and health and safety requirements. Let’s make sure you’re on top of everything you need to know.

Paying night shift workers: minimum wage rules

Let’s start with the basics: night shift workers must be paid at least the National Minimum Wage (NMW) or National Living Wage (NLW). The specific rate depends on their age and whether they qualify as an apprentice.

What counts as paid time?

When calculating wages for night workers, certain hours must be included:

• Time spent actively working during their shift

• Any required training they complete during night hours

• Time spent carrying out additional duties, such as cleaning or stock checks

However, it gets a bit tricky with on-call roles. If a worker is allowed to sleep while on-call, only the time they’re awake and working typically counts as paid hours—unless their contract says otherwise.

For example, a care worker staying overnight at a client’s home might only be paid for the time they’re actively assisting.

What about night shift premiums?

Night shift premiums are additional payments that some employers offer to compensate workers for the challenges of working unsociable hours. While these premiums aren’t legally required, they’re a great way to show your staff that you value their hard work.

For example, you could offer:

• A flat hourly increase for night work

• A percentage uplift on their regular hourly rate

Offering competitive pay, including night premiums, can make your roles more attractive and help with retention.

Avoiding compliance issues

It’s vital to ensure that any wage deductions, such as for uniforms or accommodation, don’t reduce a worker’s pay below the minimum wage. Regularly auditing your payroll processes can help you stay on the right side of the law.

Working hours and rest breaks

When it comes to night shifts, working hours aren’t just about fairness—they’re about health and safety, too. Under the Working Time Regulations 1998, there are strict rules you need to follow.

Limits on working hours

Night shift workers can’t work more than 8 hours in a 24-hour period, averaged over 17 weeks. This is to prevent fatigue and the potential safety risks that come with it.

If the job involves heavy physical or mental strain—like operating machinery or working in healthcare—the 8-hour limit applies without any averaging. In these cases, you’ll need to keep a close eye on scheduling to avoid overloading your staff.

Rest breaks and recovery time

Everyone needs time to rest and recharge, and night workers are no exception. Legally, they’re entitled to:

• A 20-minute break during any shift lasting over 6 hours

• At least 11 hours’ rest between shifts

These breaks aren’t just nice-to-haves—they’re essential for worker wellbeing. Ensuring your staff get the rest they need reduces the risk of mistakes and accidents.

Health assessments: A legal must-have

One unique requirement for night workers is regular health assessments. Why? Because working nights can disrupt natural sleep patterns and affect overall health.

What you need to do

• Offer a free health assessment before a worker starts night shifts

• Provide regular follow-up assessments to monitor their health over time

• Take action if a worker is struggling, such as adjusting their shifts or reassigning them to daytime work

These assessments don’t have to be invasive—a simple questionnaire or consultation with an occupational health professional can do the job. The key is to ensure workers feel supported and that their health isn’t being compromised.

If you need help with conducting health assessments, BrightSafe Advice comes with a customisable health assessment template specifically for your night shift workers. Plus, there’s a 24/7 health and safety advice line, so you can get the help you need during those unsociable hours.

Keeping night workers safe

Safety is a big concern for night shifts. Workers face unique risks, such as fatigue, isolation, and reduced visibility. As an employer, it’s your responsibility to identify and address these risks.

Risk assessments

Start by conducting a thorough risk assessment of your night-time operations. Think about:

• Are areas well-lit and secure?

• Are workers operating heavy machinery or driving long distances?

• Are there adequate systems in place for lone workers to stay connected?

Fatigue management

Fatigue can be a silent danger on night shifts. To combat it:

• Schedule regular breaks

• Rotate shifts to prevent staff from working too many nights in a row

• Avoid assigning back-to-back night shifts whenever possible

Lone worker support

If your night staff work alone, make sure they have a way to stay safe and connected. This could include:

• Check-in systems

• Emergency alarms

• Buddy systems

Equal rights and opportunities

Just because someone works nights doesn’t mean they should be treated differently from daytime staff. Night workers are entitled to:

• Equal pay and access to benefits

• Training, promotions, and career development opportunities

Fair treatment fosters loyalty and helps create a positive workplace culture, regardless of the time of day—or night.

Staying organised: record keeping

Finally, you need to keep detailed records of your night shift operations. This includes:

• Working hours, to show compliance with legal limits

• Health assessments offered and completed

These records should be kept for at least three years and be readily available if you’re ever inspected. And there is no better way to store your records securely than with an online HR document storage system.

Get help with compliance from BrightHR

Failing to meet these legal responsibilities can result in fines, lawsuits, and reputational damage. More importantly, it can lead to poor employee morale, increased turnover, and unsafe working conditions.

By staying informed about your legal obligations and actively supporting your night shift workers, you can create a safe, compliant, and productive workplace—day and night.

And with BrightHR on your side, you can tackle employment laws with confidence. Our 24/7 HR and employment law advice line is there for you whenever you need it and with an HR document library packed with guides, templates and policies you can stay on top of your legal responsibilities with ease.

Book a demo today to learn more.