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What rest periods must we provide for our adult and junior workers?
The rules for rest breaks and periods are defined in the Working Time Regulations 1998 and, in the case of computer users, the Health and Safety (Display Screen Equipment) Regulations 1992.
As both of these sets of Regulations are health and safety legislation, employers should make sure that all employees are aware of their entitlements. It may not be possible to force employees to take rest breaks and periods but it should not be the employer's fault if employees 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.
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 average absolute maximum of 78 hours working time each week.
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 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.
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.
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.
Guidance on these health and safety requirements is available from
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