Rest breaks in the workplace – are you getting what you are entitled to?

These days taking a rest or a break from work can often seem like a luxury, however, the Working Time Regulations set out minimum requirements stipulating exactly what amount of ‘rest’ employees are entitled to. This article looks at the three different types of rest breaks available to employees, whether or not you are entitled to be paid for these breaks and what you should do if you feel that you are not getting as much of a break from your work as you are entitled to.

Rest breaks

Rest breaks are short breaks, i.e. up to 1 hour, such as lunch breaks or tea breaks. Most employees are entitled to these types of breaks and although you do not usually have to take the breaks it is recommended that you do for your own health and safety. If you are required to work a shift of six hours or more then you should be entitled to a break lasting at least 20 minutes within that time. You may also be entitled to take tea breaks, however, employees do not have a statutory right to take ‘smoking breaks’. You should check your contract of employment to check your specific entitlement.

Daily rest breaks

Daily rest breaks are breaks that are taken at the end of one working day and before starting the next. If you are an employee over the age of 18 you are entitled to a daily rest break of at least 11 hours.

Weekly rest breaks

Weekly rest breaks refer to blocks of time, i.e. whole days in a row, where you are not required to work. Again, if you are an employee over the age of 18 you are entitled to a minimum of either a 24 hour uninterrupted break within a 7 day period or a 48 hour uninterrupted break within a 14 day period.

There are exceptions to these rules and you should check your individual employment contract for an explanation of exactly what applies to you in your role.

Rest breaks (i.e. lunch and tea breaks) are often paid but daily rest breaks and weekly rest breaks are unlikely to be paid unless you have a job which requires you to be on call during the break period.

If you feel that you are not getting as much of a break from work as you think you may be entitled to you should discuss the matter with your line manager. If this does not help you may talk to your Trade Union representative or Health & Safety representative and as a last resort you may take the matter to an employment tribunal.

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