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Most workers have the right to take breaks, but whether or not you are paid for them depends on the terms of your employment contract. There are special rules about rest breaks for some types of worker - especially those working in the transport industry.
You will normally have a variety of different breaks from work. These can be broken down into three types:
The second and third types of break are almost never paid (unless you have to remain 'on call'). The first type is often paid but doesn't have to be unless your contract says so.
The amount of break time you get is usually agreed with your employer. It may be written down somewhere or might just be part of your employer's standard practice.
The law sets requirements on rest breaks in two ways:
Some people are not covered by the Working Time Regulations - mainly those working in the transport industry (see below for more).
Your employer must give you at least the rest breaks required by the Working Time Regulations but must also ensure that your health and safety is not put at risk. This means that your employer might have to give you more than the amount set out in the regulations, if this reduces a health and safety risk.
If you use display screen equipment - computers, for example - your employer should plan your work so that you can take regular breaks from looking at the screen.
Minimum breaks are set out in the Working Time Regulations. These regulations apply to most workers but there are some exceptions (which are explained below).
The regulations also give you rights to paid holiday, limits on your working week, and limits on night work.
The regulations give you a right to one rest break during your working day. A lunch or coffee break can count as your rest break. Additional breaks might be given by your contract of employment. There's no statutory right to 'smoking breaks'.
If you're an adult worker (i.e. over 18), you'll normally have the right to a 20 minute rest break if you're expected to work for more than six hours at a stretch.
If you're under 18 but over school leaving age (you're under school leaving age until the end of summer term of the school year in which you turn 16) you're classed as a 'young worker'. A young worker is entitled to a 30 minute rest break if they are expected to work for more than four and a half hours at a stretch.
The requirements are:
If you're an adult worker you usually have the right to a break of at least 11 hours between working days. A young worker has a right to a break of at least 12 hours between working days.
If you're an adult worker you usually have the right to 24 hours clear of work each week or 48 hours clear each fortnight.
If you're a young worker (see above), you must have at least 48 hours clear of work every week. If the nature of the job makes it unavoidable, e.g. if you work split shifts, then the 48 hours could be reduced to 36 hours so long as time off is given later in compensation.
The rights to breaks apply differently to you if:
There are separate special rules for mobile workers in air, sea and road transport. The armed forces, emergency services and police are excluded in some circumstances.
Because rest breaks can be unpaid you may not want to take them. Your employer can agree to this. It is recommended that you do take your rest breaks though, as they are there to protect your health and safety. Your employer can make you take a break if your contract allows them to.
If your job is organised so that you can't take breaks, or if your employer doesn't allow you to take them, you should first raise the matter with your manager. If you have an employee representative like a trade union official or health and safety representative, they can take up the matter for you. Ultimately you can make a claim to an employment tribunal (industrial tribunal in Northern Ireland), or to the Health and Safety Executive.
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