Breaks during working hours

Workers over the age of 18 are allowed a rest-break of twenty minutes, if they work more than six hours per day, according to the Working Time Regulations 1998. This may be taken as a lunch break or not, but the rest period should fall somewhere in the middle of the working hours, rather than at their beginning or end. Additionally, the rest-break should be uninterrupted where possible. Some employers, of course, will allow longer or additional rest-breaks.

The Regulations do not require employers to pay their workers for rest-breaks within a period of work, however the matter of payment is frequently subject to normal practice in a particular workplace, or it may form part of a worker’s employment contract.

Young workers who are under 18 but over school leaving age have different arrangements. That is, if they work for more than four-and-a-half hours, they are allowed a rest-break of thirty minutes. As with adults, the rest-beak may be taken away from the workplace.

Under the Management of Health and Safety at Work Regulations 1999, pregnant workers and new mothers who have returned to work must be allowed more frequent rest-breaks and adequate seating should be made available for them during these breaks if needed. Employers must also allow any breaks a worker may need as the result of a health condition or disability.

However, there are a number of occupational exceptions to the rules concerning rest-breaks. For example, people in the armed forces, emergency services and police are not covered by the Regulations in some circumstances. Neither are some security workers, shift workers, railway workers or those who constantly travel for their work.

Furthermore, some businesses have some very busy trading periods and continuity of service is vital in some occupations such as the health industry. In these cases, instead of getting normal breaks, workers are entitled to 'compensatory rest'. This means that the rest-break can be taken later during the same day or taken on the next working day if possible.

If an employer does not allow statutory rest-breaks during working hours, or if they dismiss a worker for refusing to work through their rest-break, the matter can be raised with an employee representative or line-manager. If the matter cannot be resolved through the proper grievance procedure at work, they could seek the advice of an employment solicitor about the recourse of an Employment Tribunal.