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The rules for rest breaks and periods are defined in
- the Working Time Regulations 1998, where they apply to "workers", i.e. employees and self-employed contractors, and
- the Health and Safety (Display Screen Equipment) Regulations 1992, where they apply to computer users (employees) and computer operators (self-employed persons).
As both of these sets of Regulations are health and safety legislation, employers should make sure that all workers are aware of their entitlements. It may not be possible to force workers to take rest breaks and rest periods but it should not be the employer's fault if workers do not take them. The rules for young workers, i.e. workers who are over school leaving age but under age 18, are more stringent than those for adults.
There is no statutory requirement for workers to be paid during their rest breaks and rest periods unless they are on call, in which case the time may have to be treated as working time.
Daily rest periods
Adult workers are entitled to an 11-hour rest period in each 24-hour period during which they work for their employers. For young workers, the compulsory rest period is 12 hours, although this may be interrupted if the periods of work are split up during the day or of short duration.
Weekly rest periods
In addition, and separately from the daily rest period, workers should have an uninterrupted break of at least 24 hours in each 7-day period. This may alternatively be provided by two 24-hour breaks or one 48-hour break in a 14-day period. The weekly rest break for young workers is an uninterrupted period of 48 hours in each 7-day period.
All adult workers are, therefore, entitled to an average of 90 hours of rest each week. This gives an absolute maximum of 78 hours working time in a 7-day period, or 156 hours in a 14-day period.
Rest breaks
The daily rest break requirement for adults is an uninterrupted period of at least 20 minutes if the daily work period exceeds 6 hours. The break should be taken during the period of work, not at the start or end of it. Workers who work at workstations are entitled to take their breaks away from the workstation. The equivalent rule for young workers is a 30-minute break where working time exceeds 4.5 hours.
In the context of workstations, the Display Screen Equipment Regulations require employers to ensure that "users" and "operators", i.e. workers who habitually use display screen equipment as a significant part of their normal work, take regular breaks or change their activities so as to reduce the time they spend at their equipment.
Rest breaks where health and safety at risk
Overriding these rules is a general provision that adequate rest breaks must be provided where there is a particular health and safety risk, e.g. where the work is monotonous or where the worker has to work at a fixed rate.
This requirement places a general duty on employers. The frequency and duration of such breaks are not defined. Depending on the nature of the work, it may be necessary to provide rest breaks that exceed the specific rest break requirements of the Regulations.
Exceptions
Almost all workers are covered by these rules or by equivalent rules designed for certain industries and groups of workers. There are, however, a number of exceptions to the general rules and, where the application of the rules gives an employer particular problems, the exceptions should be explored. Where workers are unable to take their rest periods or rest breaks they are entitled to compensatory rest breaks. Entitlements may also be varied by collective and workforce agreements.
Further guidance on these health and safety requirements is available from the Health & Safety Executive, at http://www.hse.gov.uk/pubns/.
...back to 6 July 2006
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For Payroll and Human Resource Professionals
