Working Time Calculation For your information, we have detailed below the actual formula for calculating the average number of hours worked per week. As it is so complex, we don’t expect you to use this to provide an exact calculation of your working hours – you should use this as a guide or take a sensible approach to estimating your hours.
The categories in square brackets are defined in the regulations as ‘excluded’ categories. This means that they are not included within the calculation, however in order to ensure we are calculating a full 52 weeks of working time we must include in the calculation time equivalent to these ‘excluded’ categories. This time is taken as the equivalent amount of time directly following the end of the reference period. For example, if you work 5 days a week: 4 weeks statutory annual leave, 5 days of sick leave and 2 weeks in which you had ‘opted out’ of the working week (and had subsequently opted back in) will be represented by the number of hours worked in the first 35 (20 + 5 +10) working days following the end of the reference period. Statutory annual leave – only 4 weeks statutory annual leave will be ‘excluded’. The additional 1.6 weeks’ statutory leave to which you are entitled, or any additional contractual leave given to you will not be excluded. A ‘week’ of annual leave will represent the number of weekly working days set out in your contract. For example, where you work 3 days a week, 4 weeks’ annual leave will be 12 days. Opt-out agreements – if you have signed an opt-out agreement (which excludes you from the national requirement to work less than 48 hours per week) during the course of a 52 week reference period, but subsequently ‘opt back in’, additional working time equivalent to the period in which you were ‘opted out’ will be added to figure on the top line.