Rest breaks 




The WTRs entitle workers to an uninterrupted rest break away from their work station of at least 20 minutes if the working day is more than six hours (regulation 12, WTR). It must be taken during working time. It cannot be taken after the shift has ended. Any modification to this basic right can only be agreed by a collective or workforce agreement. Individual workers cannot waive their right to a break. Certain categories of adult worker are excluded, but they must be provided with “compensatory rest” (see below).



There is no statutory right to a second 20-minute break after 12 hours (The Corps of Commissionaires Management v Hughes UKEAT/0196/08/CEA). 




A period of “downtime” when a 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.). 




A statutory rest break need not be paid, but there may be a contractual right to pay, especially in a workplace where a union is recognised.




Rest breaks can be replaced (for adults only) with an equivalent period of compensatory rest in cases where “the worker’s activities involve the need for continuity of service” (regulation 21, WTR). Regulation 21 includes examples lifted from the Directive, such as work in security, surveillance, hospitals, press, docks, airports and utilities. Employers must not under-staff to avoid giving workers breaks. There is also an exception for unusual and unforeseeable circumstances, for example due to an accident (regulation 21(e), WTR).



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). It cannot be made up of several shorter chunks of time which together amount to 20 minutes. Otherwise it would not be “an equivalent period of compensatory rest” (Crawford v Network Rail Infrastructure Limited [2017] UKEAT/0316/16/BA). 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 an extra right to adequate rest breaks, on top of their 20-minute break (regulation 8, WTR 98). There are also separate obligations to provide rest breaks for keyboard users (regulation 4, Health and Safety (Display Screen Equipment) Regulations 1992). There is more information on the HSE website.




There is no need to ask for permission to take a rest break in order to bring a tribunal claim under regulation 30, WTR for failure to provide breaks (Grange v Abellio London Limited [2016] UKEAT/0130/16/1611). This reverses earlier EAT rulings such as Miles v Linkage Community Trust [2008] IRLR 602
and Carter v Prestige Nursing Limited [2014] UKEAT/0014/12/ZT reported in previous editions of Law at Work.



A failure to provide extra breaks for a disabled worker could amount to disability discrimination, including failure to make reasonable adjustments (see page 231, Chapter 7).



A refusal of extra breaks requested by a pregnant worker is likely to be pregnancy discrimination (see page 214, Chapter 7).