Workers over the age of 18 years
are generally entitled to three different types of rest break during the
working day. These are rest breaks at work; daily rest and weekly rest. Here we
are taking a look at each of these three types of break.
Rest breaks at work
Anyone who works more than six
hours per day is entitled to one 20-minute rest break during the day. Whether
this is a tea break or a lunch break is up to the employer, and whether the
break should be paid for is a matter to be set out in the employment contract.
There is no law to dictate that rest breaks should be paid.
Daily rest breaks
Workers have the right to a
minimum of 11 hours rest between their working days. So for example, anyone
finishing work at 5pm should not start work again until 4am the next day.
Weekly rest
There are two main rights that
workers hold with regard to weekly rest. The first is a right to an interrupted
24 hours without any work each week. The second is an uninterrupted 48 hours
without any work each fortnight.
Different workplaces, different contracts
Some employment contracts may
state that the worker is entitled to more or different breaks from work.
Providing the minimums are honoured, it is up to the employer to set out the details
of the breaks.
Employers must give their
workforce sufficient breaks to ensure their health and safety is not put at
risk. This is particularly important when work is monotonous, for example
production line work. Workers in domestic private houses, for example au pairs
or cleaners, are not entitled to rest breaks for health and safety reasons.
Rest break timings
Employers are able to state when
employees take rest breaks during work time, providing they meet certain criteria.
One of these criteria is that the break is taken in one go somewhere in the middle
of the day, i.e. not right at the beginning or end of the day. The other is
that workers are allowed to spend their breaks away from their workstation.
If an employer insists that a member
of staff returns to work before their break is finished, then the break does
not count. In other words, workers must be allowed to take their full breaks.
Other rights regarding breaks
Unless it is specifically set out
in a worker’s employment contract, members of staff do not have the right to
take breaks for smoking, or get paid for rest breaks.
Special circumstances and exceptions
Some workers, for example shift
workers, are entitled to compensatory rest breaks. Lorry and coach drivers, and
young people, have different rights when it comes to rest breaks.
For more information, visit https://www.gov.uk/rest-breaks-work.
You can also talk to your local bookkeepers who will point you in the right
direction when it comes to staff rest breaks.
