Rest breaks

The WTRs entitle workers to an uninterrupted rest break away from the work station of at least 20 minutes if the working day is more than six hours. It must be taken during working time. It cannot be taken after the shift has ended.

There is no statutory right to a second 20-minute break after twelve hours (The Corps of Commissionaires Management v Hughes UKEAT/0196/08/CEA).

A period of “downtime” when the worker is allowed to stop working but required to remain in contact with the employer is not a rest break, even if it turns out at the end of the break that it was uninterrupted (Gallagher v Alpha Catering Services Limited [2005] IRLR 102 C.A.).

This statutory rest break need not be paid, although there may be a separate contractual right to a paid rest break.

Rest breaks can be replaced with an equivalent period of compensatory rest where “the worker’s activities involve the need for continuity of service”. However, employers cannot under-staff to avoid giving workers breaks. Any period of compensatory rest must be a genuine break from work and must as far as possible be free from work for at least 20 minutes (Hughes v The Corps of Commissionaires Management Limited [2011] EWCA Civ. 1061). Compensatory rest should be taken as soon as possible after the work period.

Where work is monotonous or the work-rate is predetermined, workers have a separate right to adequate rest breaks (regulation 8, WTR 98) on top of the 20-minute break.

Workers are also entitled to a daily rest period of at least 11 consecutive hours and a weekly rest of not less than 24 hours, which can be averaged over two weeks. Young workers have extra protection (see Chapter 2: Young workers).

The statutory duty to provide daily or weekly rest or rest breaks is not breached unless a worker has attempted to exercise those rights, for example, by lodging a grievance, or having a request to take a break refused. This is because regulation 30 WTR says a remedy is only available where the employer has “refused to permit” the worker to exercise their right to a rest break:

It is automatically unfair to dismiss an employee for asserting a statutory right such as the statutory right to a rest break (see Chapter 10: Automatically unfair dismissal), but only if the employees are dismissed for asserting the statutory right, and not for some other reason:

Employers also owe duties under contract and tort not to require employees to work such long hours that they could damage their health (Johnstone v Bloomsbury Health Authority [1991] IRLR 118).

An employer’s failure to follow the Health and Safety Executive Management Standards for Workplace Stress can also be important. There is more information about the Management Standards on the website of the Health and Safety Executive and in LRD’s annual health and safety law guide Health and Safety at Work.

Working regularly for over 48 hours a week can be relevant evidence in claim for psychiatric injury based on workplace stress:

In the following case, a requirement for a driver to work without a reasonable break was a breach of contract:

Under the Sunday Trading Act 1994, shopworkers employed before 24 August 1994 who were not Sunday workers, or who have given their employers a written opt-out notice saying they do not wish to work on Sundays, are “protected shopworkers” and do not have to work on Sundays. Employers can also face claims of religious discrimination where working hours and practices are not adjusted to take account of religious observance. This is looked at on page 165 of Chapter 6: Discrimination.

A claim for failing to limit weekly or night working time or to ensure rest breaks attracts a tribunal issue fee of £250 (2015) and a hearing fee of £950 (2015). As with all claims except interim relief, Acas Early Conciliation applies. See Chapter 13 for important information on Acas Early Conciliation, tribunal fees and remission.