For millions of UK workers, the day doesn’t start when they swipe a badge — it starts the moment they pull on a uniform, boot up a work system, or load a company van. If your employer requires you to perform tasks before your official shift, you need to know your rights under the working time regulations.
A recent government crackdown has made headlines by fining major retailers for failing to pay staff for this exact type of time. High Street giant Holland & Barrett was ordered to repay more than £153,000 to over 2,500 workers, proving that preparation time is legally considered work.
What the Working Time Regulations Actually Say
The Working Time Regulations 1998 (WTR) are the cornerstone of UK employment law regarding hours and pay. While many workers know they guarantee 5.6 weeks of paid holiday and a 48-hour maximum week, the regulations also define what counts as "working time."
Under the WTR, working time is any period when a worker is:
- Working and carrying out their duties,
- At the employer's disposal.
This second point is critical. It means that if you are required to be on the premises, in a specific uniform, or performing a task for the business — even before your official start time — you are likely entitled to pay under the working time regulations.
The Holland & Barrett Case: A Clear Breach of the Rules
In October 2025, the Department for Business and Trade named Holland & Barrett among nearly 500 firms fined for underpaying staff. The investigation revealed that between 2015 and 2021, the company failed to pay 2,551 workers for time that should have been covered by minimum wage laws.
The "legacy practices" that led to the breach of the working time regulations included:
- Requiring team members to wear specific shoes (time spent ensuring compliance).
- Unpaid training completed at home (mandatory work performed outside the workplace).
- Time spent preparing for shifts at their Burton distribution site (pre-shift setup work).
These activities were not voluntary. Workers were not free to use that time for their own purposes — they were under the employer's control. Therefore, under the working time regulations, that time should have been paid.
Why "At the Employer's Disposal" Matters
The phrase "at the employer's disposal" is the legal test used by employment tribunals to determine what counts as working time. If you are required to be somewhere specific or perform a specific task because your employer demands it, you are at their disposal.
This distinction is vital. Travelling to your normal place of work is generally not considered working time. However, consider these examples where the working time regulations do apply:
- The Security Guard: Arriving early for a mandatory briefing and equipment collection.
- The Hospitality Worker: Setting up a restaurant or bar before service begins.
- The Tradesperson: Loading a company vehicle with materials at a depot under instruction.
- The Remote Worker: Being required to log on for mandatory online training outside of core hours.
In each case, the worker is acting for the benefit of the employer and is not free to do as they please. That is the definition of work under the working time regulations.
The Government is Cracking Down
Business Secretary Peter Kyle recently stated the government is targeting "those not playing by the rules." The latest list of named employers saw fines totalling more than £10 million, with 42,000 workers repaid over £6 million.
TUC General Secretary Paul Nowak reinforced the importance of these protections, stating there is "no excuse for workers being cheated out of money they're owed."
Holland & Barrett, for its part, stated it had fixed the issues in 2022 and now pays store staff "about 5% above the National Living Wage." However, the case serves as a warning to all employers: failure to comply with the working time regulations regarding preparation time will result in public naming and significant financial penalties.
Your Rights and How to Claim
If your employer asks you to perform any task — whether it's putting on protective gear, completing a training module, or setting up a workstation — and that task is done under their control and for their benefit, you are entitled to be paid for it under the working time regulations.
If you believe your employer is deducting wages unfairly by not paying for this time:
- Check your contract: Does it specify when your working day officially starts and ends?
- Keep a log: Note down the extra time you are required to spend on work-related activities.
- Raise a grievance: Formally ask your employer to explain why you are not being paid for this time.
- Seek advice: Contact Acas or a trade union for guidance.
- Make a claim: You may be able to bring a claim for unlawful deduction of wages to an employment tribunal.
The working time regulations exist to protect you from exploitation. As the Holland & Barrett case proves, preparation time is work time. If you are working, you should be getting paid. Your time is your most valuable asset — know the rules and protect it.
Source: BBC