Rest breaks

Workers are entitled to a rest break where they work more than six hours in a day (Regulation 12). This must be an uninterrupted period of at least 20 minutes away from any workstation. An EAT has held that there is no statutory right to a second 20-minute break after twelve hours work (The Corps of Commissionaires Management v Hughes UKEAT/0196/08/CEA). The break must be taken during, rather than at the start or end of, the working time.

Young workers are entitled to a rest break of at least 30 minutes, which should be consecutive if possible, where the daily working time is more than four-and-a-half hours.

Where the pattern of work is such as to put the health and safety of workers at risk, particularly if the work is monotonous or the work rate is predetermined, the employer must ensure that workers get adequate rest breaks (Regulation 8). In these circumstances, employers should give more regular breaks than the minimum required by law. There are additional rules about rest breaks for display screen (VDU) users (see Work equipment: Chapter 7).