Are employees legally entitled to breaks?

In the fast-paced world of modern work, where deadlines loom large and productivity is paramount, the question of whether employees are legally entitled to breaks is one that carries significant weight. As individuals navigate the demands of their professional lives, understanding their rights regarding rest periods becomes crucial for their well-being and workplace satisfaction.

In this blog, we delve into the legal landscape surrounding employee breaks. From mandated rest periods to meal breaks, we explore the rights and responsibilities that both employers and employees bear in ensuring adequate time for relaxation and nourishment during the workday.

Rest breaks

There are three different types of breaks that employees over 18 are legally entitled to. One of these is rest breaks, this means if the employee works over 6 hours they are entitled to a 20-minute break. However, this does not have to be paid. They are also entitled to daily rest, this means that they have 11 hours between their working days. The third break they’re entitled to is weekly rest. This is either 24 hours each week or 48 hours each fortnight.

Domestic workers who work in private houses are not entitled to rest breaks due to health and safety reasons.

Employers can inform the employee when to take their break as long as:

• It’s taken in one go in the middle of the day
• The employee is allowed to spend time away from their workstation

Employees don’t have the right to smoking breaks or paid breaks unless it is stated in their contract.

Compensatory Rest Breaks

A compensatory rest is a break which has been missed that can be taken at another time.

For example:

• Shift worker – unable to take daily and/or weekly breaks between shifts
• Workplace is a long way from home
• Work in different places
• Security and surveillance work
• Industry which is busy at certain times of the year
• Need to work due to an event, accident or accident about to happen
• Job needs around the clock staffing
• Rail industry
• Split shifts

Exceptions of Compensatory Rest

• Armed forces or emergency services when they’re dealing with a disaster
• A job where the employee chooses their own hours
• Sea transport
• Air/road transport

Young Workers

Workers under the age of 18 are also entitled to 3 types of breaks, however, these are timed differently. They are entitled to a 30 minute rest break when they have worked 4 and a half hours. They are entitled to 12 hours daily rest, so 12 hours between working days. They are entitled to 48 weekly rest.

Exceptions

• No employee over the age of 18 to do their job
• The work is temporary and needs carrying out immediately

What to do if this isn’t being carried out by your employer

You can informally speak to your manager and try and resolve the issue this way. If an informal conversation does not work, then contact ACAS helpline. To take things further you can make a claim to the Employment Tribunal.

How can Taylor Bracewell’s employment team assist you?

If you would like further assistance with any questions about the your entitlement to break, please contact the Doncaster team on 01302 341414 or the Sheffield team on 0114 272 1884 or fill out our online enquiry form.