Understanding your right and entitlement to suitable breaks from work

The fast pace, demands of the modern workplace and technology means many of us are working non-stop, failing to take suitable breaks from work and running the real risk of burnout.

Work-related pressure, perceived or otherwise, results in numerous employees skipping breaks and failing to take beneficial time out from work to rest for even a short period.

The reason can vary, and include: stress and a desire to clear workload; genuine fear of being seen as lazy by management; a workplace culture that makes you feel as if you should power through and discourages taking breaks; or simply feeling that you do not have enough time for breaks.

When you are caught up in, committed and determined to complete your expected duties as required, it is easy to misunderstand and not recognise the importance of taking a little time away from work just to relax.

According to The Wellbeing Thesis, taking regular breaks at work can have significant benefits. It can both boost and improve your wellbeing and productivity, lead to better overall health and a more balanced work routine [1] cited 14.1.25

Taking breaks from work to rest and recharge is essential. Here we take a look at what breaks an employee is entitled to and how it can benefit both you and your employer.

The law

The Working Time Regulations 1998 (WTR)  is the law that applies the EU Working Time Directive to England, Scotland and Wales, and it sets rules, which include

• The maximum weekly working hours, and how someone can work more hours if they choose.
• Rest during the working day, week and year.
• Young workers' maximum working hours and rest breaks
• Night work
• Special arrangements when there is an emergency or if someone is not able to take their rest [2] cited 14.1.25

The legislation protects everyone's health, safety and wellbeing, and it applies to employees, workers,  agency workers, apprentices, casual and seasonal workers, doctors in training and zero-hours workers.

A breach of WTR can have consequences for employers. In one case an employee was awarded compensation by an employment tribunal after a successful claim that his employer failed to provide rest breaks, which adversely affected his health due to an underlying medical condition. The tribunal awarded him compensation for the discomfort and distress it caused. [3] cited 14.1.25

 So are there different types of breaks that I can take?

There are three types of break that you are entitled to as an employee:

1. Rest breaks while at work.

If you work six hours or more during the day you are eligible to take an uninterrupted 20-minute rest break.

It must be taken during the working day, not at the start or end of it, and it can be taken as a tea or lunch break.

If you work more than six hours a day there is no automatic right to more breaks, but your employer should consider it.

Many employers allow longer breaks, and more breaks, during the working day.

The type of breaks you can take will generally be specified in your contract of employment, so check to make sure you are clear on what exactly you are entitled to [4] cited 14.1.25

2. Daily rest

You are entitled, as a minimum, to an 11-hour rest between working days or shifts.

So as an example, if you finish an evening shift at 10pm, you should not be expected or required to start work again before 9am the following day.

However, there are some professions in which the nature of the role and demands of it may mean it is not always possible to take the necessary break between working days e.g. healthcare, emergency workers, transportation.

In such situations your employer should still do all that it reasonably can to ensure you get adequate rest, which can include implementing compensatory rest at a later time.

If you are not getting the rest that you are entitled to between working days, then in the first instance you should raise and discuss it with your employer.

If that does not resolve the matter you can make a formal complaint and raise a grievance [5] cited 14.1.25

3. Weekly rest

You are entitled to a minimum amount of rest depending on how long you have worked:

• In a seven-day period – at least 24 hours of rest
• In a 14-day period – at least 48 hours of rest, which you can take as one block of 48 hours or 2 blocks of 24 hours.

If you are not getting your breaks or time off, you should raise it with your employer.

If  it refuses to allow you the breaks you are entitled to, then you can take a case to an employment tribunal.

Should I get more breaks if I work in a role that has health and safety risks?

Whatever role you work in, you should be given enough breaks to ensure your safety is not put at risk. This should always be a top priority for your employer.

If you are in a job with health and safety risks e.g. construction, factory work, healthcare, you should get appropriate breaks to help combat fatigue, ensure you can keep your concentration and help to prevent health issues

Domestic workers in a private house (e.g. a cleaner or au pair) are not entitled to rest breaks for health and safety reasons.

Can my employer insist or force me to work through a rest break I am entitled to?

No, in most cases your employer cannot force you to continue working and deny you a break.

Your employer has a responsibility to ensure you take appropriate breaks, and pressuring you to work through them could be considered a breach of your employment rights.

Although your employer can ask you to change your break times, you should be permitted to take any breaks to which you are entitled.

If you have any concerns in relation to your breaks it is always best to try and resolve the issue by discussing it first with your employer.

But can I work through my break if I choose to do so

You should take the breaks and rest from work that you are entitled to - but you can opt to work through your break if you wish, although it is not recommended.

While it is common practice for many employees to eat their lunch at their desk, it is always better to have it in a designated lunch area that allows you to take a mental break from work.

The benefits in taking breaks

Do not discount or underestimate the benefits of taking breaks and stopping work even for a short while just to rest, relax and switch off. It can help to reduce stress and more significantly burnout, which can occur as a result of over exerting yourself and working non-stop. Doing so can cause harm to both your mental and physical health. So taking the breaks you are entitled to, and deserve, can be a great help in helping you to manage your stress levels and overall wellbeing.

In addition breaks can help you to keep focus or to re-focus, and can boost your performance and productivity. Taking some time away from performing expected work tasks allows time to recharge before returning refreshed and energised to what you have to do. It can help in avoiding mistakes and to prevent your productivity dropping, both of which can have unwelcome consequences. 

Also stopping work to rest as allowed  can improve creativity and problem-solving skills. Taking much-needed and deserved time for even a short break can help to clear your mind and give you a fresh perspective, which you may not always get if you skip or do not take a break from work.

Employer responsibilities

Your employer should ensure that you and your colleagues are taking the breaks you are entitled to, provide a suitable area for breaks and encourage staff to take them.

If you have any concerns about breaks at work, then you should contact our Employee Support Centre or call us today for a free initial consultation on 0333 772 0611.