There are several important reasons for taking rest breaks from work. Check the rights of workers to take a break period, how long you should take, and some exceptions to the rules.
REST BREAKS WHILE WORKING: Taking regular breaks during work is a legal right - for most workers.
As a rule, your employment contract would determine the actual terms of rest breaks and pay.
Most adult workers, over 18 years old, have entitlement to three different types of work break.
Some resting periods or downtime takes place at the workplace. Whereas, other respite gets taken between working days, on both a daily and weekly basis.
Workers who work more than six (6) hours a day have the right to one 'uninterrupted' twenty (20) minute rest break during their normal working day. As a rule, the short resting period allows workers to take a tea break or have their lunch break.
Many employees get paid for this particular downtime at the workplace. But, payment is not a legal requirement unless the employment contract states so.
UK employment legislation affords workers the right to eleven (11) hours of rest between their days of work. In fact, most workers will take it as an overnight break between their working week days. It allows for a rest period between finishing one day of work and starting the next one.
The law on rest breaks at work also provides at least one full day of rest per week (as an average). Even though most workers will not go to work at the weekend, the rules state that they have the right to either:
Note: In some cases, your employment contract may state some differences to the standard workers' rights to rest breaks from work.
Employers have a responsibility to provide their employees with sufficient breaks to ensure their health and safety is not at risk. It would apply most to the type of work that is 'monotonous' (e.g. working on a production line).
Note: The rules on work that puts health and safety at risk do not apply to all workers. Typical examples include domestic workers in a private house. Thus, a cleaner or an au pair would not have automatic entitlement to the same rest breaks.
All workers should take a 'time out' to help protect health and safety in the workplace. In fact, your employer can force you to pause work if your contract allows them to. Employers can also dictate when their employees take rest breaks in work time, providing:
It is not uncommon for an employer to ask an employee to return to work before finishing their time off. In this case, the law would not count that particular respite as a rest break.
If it is not written in a worker's employment contract they do not have any automatic or statutory rights to:
Some exemptions apply to the rights of workers for taking rest breaks at work. Others, such as shift workers, will have entitlement to compensatory rest breaks. Young workers, under 18, and lorry and coach drivers also have different rights to rest breaks.
Not all workers have the legal right to a specified rest break. But, in these cases they should have entitlement to 'compensatory rest' instead. A compensatory rest break should be the same length of time as the one missed (or part of one).
Being entitled to compensatory rest breaks as an exception to the regulations may apply to those who:
Note: As a rule, having an average of 90 hours a week rest is the total rest entitlement. Even so, it would not include the normal rest breaks taken at work.
The three generalised types of rest breaks would not apply to people who are working in:
In most cases, special rules with different rights apply to those who work at sea, air, or road transportation. As a rule, 'mobile' workers have the right to regular rest to avoid health and safety issues (for themselves or anyone else).
Young workers are those classed above school leaving age but below the age of 18. As a rule, workers of a young age will have entitlement to:
An exceptional event, such as an accident, may mean a young worker cannot take their rest entitlements. But, the exceptions for young workers would only apply if:
Young workers who are not entitled to rest breaks at work, or their daily rest, have the right for compensatory rest instead. It should equal the same amount of rest that they missed. They can take it after missing any rest periods, but must take it within three (3) weeks afterward.
There are several ways workers can deal with disputes on workplace rest breaks. If they are unable to take their breaks, or their employer does not allow them to take them, they should:
Note: In some cases, a worker may be unable to solve the problem using these methods. A last resort may mean making a claim to an employment tribunal.
The Law on Rest Breaks at Work in the United Kingdom