Working-Time Liability Map
Ring 1, Verified figuresWage & overtime shield
United Kingdom

United Kingdom

Verified figures: penalty quantum published and sourced against statute, regulator and case law.

Legal basis

Working Time Regulations 1998 (SI 1998/1833); Employment Rights Act 1996 (unlawful deduction, s.13–27); Employment Rights Act 2025 (Fair Work Agency, state enforcement); National Minimum Wage Act 1998; NEW holiday-pay records duty (implementing regs effective 6 April 2026, failure a criminal offence). Enforcement: Employment Tribunals + HMRC (NMW until April 2027) + Fair Work Agency (single state regulator, launched 7 April 2026). Post-Brexit: NOT bound by CJEU C-55/18, but the WTR record duty stands independently. Verified against WTR 1998, ERA, HMRC and the Fair Work Agency.

Recording & rest-period duty

WTR 1998 reg. 9 already required employers to keep 'adequate' records to show compliance with the 48-hour weekly limit and night-work limits, retained 2 years. new 2026 duty: implementing regulations effective 6 April 2026 introduced a duty to keep records of annual-leave entitlement and pay, retained six years, records must be 'adequate to show compliance', and failure is a criminal offence punishable by fine. The government gave no prior signal; it came into force without warning. HMRC enforces NMW pay-reference-period records; the Fair Work Agency can enter premises and inspect electronic records.

Penalty exposure
Verified figures

Administrative + naming + NEW state enforcement. NMW breach: HMRC fine up to 200% of the underpayment plus public naming (naming-and-shaming lists). Major 2026 development: the Fair Work Agency launched 7 April 2026, a single state regulator that can enter premises, inspect electronic records, bring tribunal claims on behalf of workers, and recover its enforcement costs from non-compliant employers. It absorbs NMW enforcement (via the HMRC team until April 2027) and, for the first time, state enforcement of holiday pay, shifting the UK from purely worker-initiated claims toward proactive state enforcement (more like the EU inspectorate model). The 6-year holiday-records duty is a criminal offence on failure (fine). Confirm the current NMW penalty percentage, naming thresholds and criminal-fine schedule with HMRC and the Fair Work Agency for the exact figures. Employment Tribunal compensation cap £115,115 (2024-25) applies as a directional upper bound on some awards.

Primary compliance focus
Wage & overtime shield
Directives in scope hereRegulatory Directives →
Working-Time LiabilityNational
ACTIVE
NMW 200% + public naming; NEW 6-year holiday-records duty (criminal on failure); Fair Work Agency
WTR 1998 + ERA 1996 + Employment Rights Act 2025 + NMW Act 1998 + holiday-records regs (eff. 6 Apr 2026) + Fair Work Agency (7 Apr 2026)
NIS2National
EQUIVALENT
FCA/PRA fines up to £50M+
FCA PS21/3 (Operational Resilience)
DORANational
EQUIVALENT
FCA/PRA fines up to £50M+
FCA PS21/3 (Operational Resilience)
EU AI Act, Article 14National
DIVERGENT
ICO + sector-specific fines
UK AI Pro-Innovation White Paper
Working-time vectorsBadge indicates the enforcement level for each vector
1
Wage Recording DutyHard
Law · WTR 1998 reg.9 + NEW holiday-records regs (eff. 6 Apr 2026, criminal on failure)
WTR 1998 reg.9: adequate records for the 48h weekly limit + night-work, retained 2 yrs. NEW 2026: regs effective 6 April 2026 require annual-leave ENTITLEMENT AND PAY records, retained SIX YEARS, adequate to show compliance, FAILURE IS A CRIMINAL OFFENCE (fine); landed without warning. Fair Work Agency can enter premises + inspect electronic records.
2
Overtime & Wage UnderpaymentHigh
Law · ERA 1996 unlawful deduction (s.13–27) + NMW 200% + naming
Unauthorised deduction (ERA 1996), one of the three most common tribunal claims; 'wages' is broad (holiday pay, bonuses, commission); claim within 3 months (last in a series). Weak records 'struggle to defend' retrospective holiday/overtime claims, evidence decides. NMW breach: HMRC fine up to 200% of underpayment + public naming. Fair Work Agency brings claims on behalf of workers.
3
Mandatory Rest PeriodsHigh
Law · WTR 1998, 48h weekly limit, 11h daily rest, 24h weekly rest
48h average weekly limit (17-week reference; individual opt-out available), 11h daily rest, 24h weekly rest (or 48h fortnightly), 20-min break after 6h, 8h night-work limit, 28 days paid annual leave.
4
Right to DisconnectLimited
Law · Proposed / non-binding ('right to switch off' not enacted)
Not enacted. A 'right to switch off' was proposed but not included as a binding measure in the final Employment Rights Act package, and earlier plans floated only a Code of Practice. It should be treated as proposed rather than a live right to disconnect.
What this means for employers operating in United Kingdom

Employers in United Kingdom are subject to the WTD working-time recording obligation and the CJEU C-55/18 standard requiring an objective, reliable, and accessible recording system. An editable HRIS export does not meet this standard. //AIRGAPT produces a hardware-signed, employer-unalterable evidence chain that is designed to meet it.

Ready to see your exposure?

Calculate liability across all your operating jurisdictions.

Cookie Preferences

We use cookies to improve your experience and for analytics. Choose what you're comfortable with. Learn more

Essential
Required for site functionality, security, and compliance logging. Cannot be disabled.
Analytics
Help us understand how visitors use the site to improve performance and content.
Marketing
Used to deliver relevant content and measure campaign effectiveness.
Vanguard Pilot · Now Accepting Applications
Pilot Company Waitlist Open, Setup Fees Waived for Founding Cohort