Explaining Workers' Rights to Rest Breaks

Most workers and employees are entitled to have a rest break throughout the working day, as well as the right to receive a certain amount of rest breaks on a daily and weekly basis.

Some jobs mean that the workers do not have a legal entitlement to a rest break, but most jobs see workers receiving an automatic right to a break. Breaks enable workers to feel refreshed and energetic as well as serve to enhance safety within the workplace.

The following guide provides information on the minimum rest periods that the law sets, who is entitled to rest breaks, which jobs do not offer automatic entitlement and compensatory rest periods.

What are the legal minimum rest periods?

The Working Time Regulations 1998 sets out the minimum rest periods for adult workers. The regulations set out that workers over the age of 18 are entitled to the following:

• A minimum 20 minute break for every six hours worked
• A rest period of no less than 11 hours in every 24 hours
• A rest period of at least 24 hours every 7 days, and doubled to 48 hours every two weeks.

The minimum legal right to a rest period does not stipulate that the employer has to offer paid breaks, meaning that some workers will only receive unpaid breaks. The employment contract will usually confirm whether rest periods are paid or unpaid.

Night workers receive special arrangements, and workers may receive more rest breaks than their legal entitlement. But an employee cannot be forced to settle for less than the regulated minimum rest periods, even if it is stipulated in the employment contract.

Young Workers Under 18 Years Old

Young workers, which are those aged between 16 and 17 years of age, have longer rest period entitlements. Workers within this age bracket are entitled to the following rest periods:

• A minimum rest break of 30 minutes in a working day of at least 4.5 hours
• A 12 hour rest break from work in each 24 hours
• A minimum of 48 hours rest break for every 7 day working period.

Young workers also have limits on the hours that they can work during the night. This applies to workers who are younger than 18 but over the school leaving age. These workers are usually not allowed to work after 10 pm or before 6am. If the shift demands that a young worker needs to work after 10pm, they must finish by 11pm and cannot start work again until 7am the following morning.

Compensatory Rest Breaks

In some instances, rest periods may be delayed for the needs of the business or organisation to be effectively managed. This applies to workers in hospitals and prisons, for example. The rest breaks provided to staff in these fields can only be delayed if compensatory rest allowance is given at a later stage.

A compensatory rest break should be given to workers within a reasonable period and should last for the duration that the original break would have lasted, as a minimum. Workers who are likely to be entitled to compensatory rest breaks include:

• Shift workers
• Roles that require constant cover, such as hospital workers
• Security workers

Rest Break Entitlement Exceptions

There are a number of jobs that are exempt from the workers' rights to rest breaks. This includes:

• Members of the armed forces and emergency services
• Police if they are involved in an emergency, disaster or catastrophe
• Sea transport workers
• Those who choose of their own free will, such as managing directors
• Workers who have no set hours or whose work is not measured
• Mobile workers who include air and road transport staff. These workers are likely to have different rest period entitlements which would be set out in their employment contract.

What to do if an Employer Won't Allow Rest Breaks

All employers are required to observe the law and must offer rest breaks to all entitled workers. If they do not allow rest periods to those who are entitled, the worker should speak to them directly to see if the problem can be resolved.

If a resolution cannot be found, a written grievance should be submitted to the employer. This grievance should set out what the worker believes they are entitled to, a summary of the denial, a reference to the verbal request and a request for action. If the company has a HR department, they should be able to help, as will a union representative if available.

If a written grievance does not resolve the issue, a claim can be made to an employment tribunal. To do this, the worker must go through the ACAS Early Conciliation within three months of the employer's refusal to grant the required rest breaks.