Rest breaks

The regulations also entitle workers to an uninterrupted rest break of at least 20 minutes if the working day is more than six hours. 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).

This rest break need not be paid. The regulations state that breaks can be deferred and compensated later where “the worker’s activities involve the need for continuity of service”. However, employers cannot under-staff to avoid giving workers breaks.

Under regulation 8 of the WTR 98, where work is monotonous or the work-rate is predetermined, the employer is under an obligation to ensure that workers receive adequate rest breaks. These are in addition to the 20-minute rest break referred to above.

Workers are also entitled to a daily rest break 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 additional protection (see Chapter 2: Young workers).

Employers are bound by an implied contractual duty not to require employees to work such long hours that could result in damage to their health (Johnstone v Bloomsbury Health Authority [1991] IRLR 118).