Under UK law, employers are bound by the Working Time Regulations 1998, which governs workers’ rest breaks during the day, and permitted time between shifts. Compliance with these regulations is a legal duty. Weekly rest breaks are integral, not only to ensure that your employees are well rested and ready to complete their normal daily tasks, but to protect worker health and wellbeing.
Below we’ll explore what a worker’s entitlements are, how you as an employer should protect those rights, and what happens if you don’t.
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What Are A Worker’s Rights?
No matter the industry, compensatory rest breaks are an entitlement for all workers. From offices to working from home, garages to coffee shops, the law applies to all workplaces. Workers are entitled to the following:
- A 20-minute rest break (a tea or lunch break) if they work for more than six hours. These breaks don’t have to be paid; it depends on the individual worker’s employment contract. This should be an uninterrupted rest period that allows the individual to fully recuperate.
- An 11-hour break between working days.
- Either a 24-hour rest period every week or a 48-hour rest period every fortnight.
- Annual leave.
These rights must extend to all worker types, from regular full-time and part-time employees, zero-hour workers, apprentices, agency workers, seasonal workers, and remote workers.
Are There Any Exceptions?
Those completing night shifts are subject to certain exemptions. This includes those working split shifts, and workers in specific industries such as the medical profession, the armed forces, and the emergency services where it’s sometimes necessary to work long hours on call without interruption. Workers can voluntarily opt out of daily rest requirements to meet the needs of the business or organisation during busy periods. However, this shouldn’t be assumed or expected as an employer.
Even if your employee opts out of their break arrangements to meet the needs of your business, you still owe them a duty of care and should ensure they get adequate breaks at work and in between shifts. There are several benefits to rest and ignoring rest breaks risks regulatory scrutiny as well as a less than productive workforce.
The Importance Of Rest
- Health is invaluable. An employee’s health and wellbeing should always be your number one priority as a business owner. Insufficient rest can lead to poor physical and mental health, and without the proper chance to recover, the human body and mind can burn out. An employer is also at risk of employment tribunal claims from an employee working excessive hours without adequate breaks.
- Prioritise safety. Health and safety at work is always important. Tired, burnt-out workers are much more prone to making serious mistakes at work; they’re a safety risk and could cause injury or worse to themselves or fellow employees. Proper rest ensures the safety of everybody in the workplace.
Managing Rest Breaks Throughout The Day
Anybody working for 6 hours or more is entitled to an uninterrupted break of at least 20 minutes. It’s important to remember that all breaks:
- should be planned in advance
- cannot be scheduled at the start or end of the day
- must be correctly spaced out during the day and cannot be aggregated and taken as one continuous break
Beyond Basic Breaks At Work
There is some flexibility for employers when it comes to allocating breaks for employees. You can choose what’s best for your business, and you can choose to be as flexible as you like, allowing for smoking breaks and lunch hours to suit the individual circumstances.
It’s up to you as an employer if you want to go beyond the basic legal requirements for your employees. You’ll find that doing so will often be appreciated by your staff.
Taking Rest Between Working Days And Weekly Rest Periods
No matter the type of work – night workers, day workers, etc – all staff are entitled to uninterrupted rest breaks of 11 hours between shifts. Sometimes this may not be feasible due to emergencies, scheduling conflicts, or the specific industry.
However, it remains your responsibility as an employer to comply with health and safety legislation, and give your employees an 11-hour rest between work days, and 24 hours rest over the course of a seven-day period – or 48 hours over 2 weeks.
The Challenge Of Rest For Shift Workers
Shift workers often struggle with varying shift patterns which can upset their natural sleeping rhythm and present challenges when it comes to resting and sleeping. Being mindful of this as an employer is key. Scheduling should be created so that employees have the opportunity to adequately rest and reset between shifts.
What About Workers Who Raise Concerns About Adequate Rest?
For employees who feel they’re not getting the rest they need, then open communication with their employer is key. Employees should have the opportunity to discuss this with their employer, letting them know that they’ve been struggling with rest. It is the employer’s job to ensure workers have the right amount of rest breaks in and out of work to protect their staff and prevent health and safety issues in the workplace.
Employers who don’t adhere to their legal obligations may find an employee presenting a case to an employment tribunal or reporting the issue to the Health and Safety Executive.
How Important Is An Employment Contract?
The importance of the employment contract cannot be overstated when it comes to defining the formal arrangements between employer and employee for rest breaks. It’s particularly vital if those rest breaks at work and between shifts differ from the UK standard.
Rest breaks are a legal requirement; however, being paid for them is not a legal obligation. Typically, whether an employee is paid for breaks or not will be detailed in the employment contract. An employment contract is under the employer’s control. Information about lunch breaks, smoke breaks, and additional rest periods should be included in an employment contract.
Employees should always review their contract conditions in full to understand what they are entitled to in the workplace.
Other Circumstances & Flexible Rest
As an employer, it’s your job to be especially clear in your employment contract so that all workers are treated in the same way. It’s also worth ensuring that your employment contracts contain caveats for unexpected situations and emergencies. Consider including clauses relating to:
- Adjusting Rest Periods – The world of work can be unpredictable at times. There may be instances where emergencies or unexpected situations arise. This could involve a server crash for IT professionals, a surge of customers in retail, or even a critical incident at a healthcare facility. Make sure you include information about what happens when you need all hands on deck, how this impacts rest periods, and what compensation your staff will receive afterwards.
- Additional Breaks – The law recognises the need for adaptability. During emergencies, workers might need to adjust when they take their break. Mobile workers could experience unforeseen delays when moving from work location to another. Flexible terms should provide for the option of taking rest breaks later in the day, rather than completely abandoning them. The important thing is to adapt to the circumstances while still acknowledging the need for rest for ALL your employees.
Your Responsibility As An Employer
There are certain additional things you’ll need to consider as an employer:
Special Consideration For Young Workers
We’ve already discussed the rights of most workers in the UK, but there are special considerations you’ll need to make for a young worker (aged under 18) as different rules and regulations apply. Their ability to work continuously without rest is obviously reduced, which is why you’ll need to consider the following:
- Extended Breaks – Young workers have an increased entitlement to breaks. They should have a 30-minute break after working for four and half hours.
- Limitations on Night Shifts – There are also limitations on the number of hours young workers can work, during unconventional hours. As a standard, night shifts aren’t allowed for those under 18.
Remote Workers
Remote workers in the UK are subject to the same rest breaks as their office-based or on-site counterparts, even though they are working from a private house. It’s easy to overlook this. Many employers use online tracking devices for remote staff so it’s important that this monitoring factors in rest breaks.
Work Life Balance
Beyond the rules and regulations, there is a deeper concept behind these guidelines; the importance of maintaining a healthy work life balance.
Most adult workers today think they must be constantly working to be progressing in life. Our culture is such that rest breaks are almost frowned upon, and examples of workers doing extra work over the weekend or out of hours are commended as the gold standard. However, that’s not a sustainable way to live. As an employer, it’s your job to communicate that to your employees so they understand that your workplace is one with a culture that values rest and recuperation. Not only will you have a more productive workforce, but you should also enjoy higher staff retention levels.
Remember that workers that don’t value rest burn out, putting their ability to work at risk, but also the health and safety of others. Burnout can lead to absenteeism and high employee turnover, so take a good look at your workplace’s culture and ensure it prioritises rest.
Technology’s Influence On Rest
The digital age is both a blessing and a curse when it comes to achieving a work/life balance. We’re always connected to each other, via phones, emails, Zoom meetings and video calls, and it can easily spill over into home life, creating a 24/7 work culture.
An employment contract should make clear during which hours a person needs to be reachable for meetings and set clear boundaries to ensure work isn’t overspilling over into rest time.
If a lot of your employees work from home, you might want to consider certain software tracking tools which monitor hours worked and rest taken. Rather than being presented as spying software, these tools ensure your employees are taking the rest they need whilst at work and between shifts at home, too.
Redefining Productivity
Sufficient rest is important and this ought to be a priority in any workplace. However, it’s also important to note that productivity is not just about hours spent working. Quality and quantity are two very different things.
An individual who is skipping breaks and not taking enough rest between shifts doesn’t necessarily equal a productive worker. Even if they are doing more at work, that work is not always going to be of the highest quality because they’re likely tired and burned out. A well-rested person will produce work of a much higher quality because they’ve had time away from it. That’s why annual leave is so important, but getting the right rest during the working week is too. Employees taking breaks protects and enhances your productivity.
Taking regular breaks increases concentration, creativity, and problem-solving abilities. Breaks aren’t a waste of time; they’re investing in your employees’ ability to do a better job when they return to work.
Final Thoughts: Prioritising Proper Rest In And Out Of Work
The concept of rest goes way beyond compliance and legal requirements. It covers health, both physical and mental, and setting people up for success whilst at work.
The right to rest isn’t purely about recovery; it’s about acknowledging potential, understanding limits, and giving the mind and body the right time to develop the skills needed to truly succeed. A rested person is naturally more creative, productive, and better at problem solving.
A proper, worthwhile rest both at work and between shifts isn’t a luxury, but a necessity that’s vital to employees and employers alike. As an employer, it’s your job to ensure your workers realise this.
Every employee regardless of their position or level of seniority deserves the right to rest. Recognising, respecting, and reinforcing this right is the key to cultivating a happier and healthier workforce. Ultimately when we prioritise the wellbeing of our employees, they will reciprocate by caring for the organisation. Employers, managers, and HR professionals must foster a culture where taking breaks is not viewed as laziness but instead recognised as essential for maintaining productivity, safety, and morale.
For employees, it’s crucial that they are aware of their rights. They need to prioritise getting the rest they’re entitled to and understand that it ultimately benefits both them and their employer. Taking a stroll outside for some air, sharing a laugh with a coworker over a coffee break, or simply enjoying the tranquillity of a quiet room all contribute to creating a more positive and healthy work atmosphere. Ultimately, regardless of the details surrounding breaks and rest periods, the essential message remains consistent: in order to improve productivity at work, we must prioritise taking breaks to allow people to rest and recover.
