In the UK employers are bound by the Working Time Regulations 1998, which essentially lays down the law for workers, providing guidance on rest breaks at work and between shifts. Weekly rest breaks are integral, not only to ensure your workers are well rested and ready to complete their normal working hours, but to protect their health and wellbeing too.
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.
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. Workers are entitled to the following:
- A 20-minute rest break if they work for more than six hours.
- 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.
This should be extended to all worker types, from regular full-time and part-time employees, zero hour workers and apprentices, to agency workers and seasonal workers. This should be an uninterrupted rest period that allows the individual to fully recuperate.
Are There Any Exceptions?
Those completing night work have certain exceptions, as well as those working split shifts and in specific industries such as the medical profession. Here workers can voluntarily opt out of daily rest requirements to meet the needs of the business – but this shouldn’t be taken lightly as an employer.
Even if your employee opts out to meet the needs of your business, you owe them a duty of care and should ensure they get adequate rest breaks at work and in between shifts. There are several benefits to rest, which you should know as an employer to get the best out of your workers:
The Importance Of Rest
- Health is valuable. 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 burnout.
- Prioritise safety. Health and safety at work is always important, and tired, burnt-out workers are much more prone to make serious mistakes at work that could cause injury or worse to them or fellow employees around them. 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. That doesn’t mean that somebody working 12 hours would receive a 40 minute break. However, it’s important to remember that all breaks:
- should be planned in advance
- cannot be scheduled at the start or end of the day
Beyond Basic Breaks
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 cigarette breaks and lunch hours as you see fit.
It’s up to you as an employer if you want to go beyond basic breaks for your employees, but you’ll find that doing so will often be appreciated by your staff.
Taking Rest Between Days And Throughout The Week
No matter the type of shift work – night workers, day workers, etc – they’re entitled to uninterrupted rest breaks of 11 hours between shifts. Sometimes this may not be feasible due to emergencies, scheduling conflicts, or the industry they work in.
However, it’s your responsibility as an employer to try and give your employees an 11 hour rest between work days, and 24 hours rest over the course of a week – or 48 hours over 2 weeks.
The Challenge Of Rest For Shift Workers
A shift worker will often struggle with varying shift patterns which could upset their natural sleeping rhythm and present challenges when it comes to resting and sleeping. Being mindful of this as an employer is key, and scheduling should be set up so that employees have the opportunity to reset between shifts and adequately rest.
Workers Feeling Deprived Of Adequate Rest?
For employees who feel they’re not getting the rest they need, then open communication with the employer is key. Employees should have the opportunity to talk with their employer formally in the first instance, 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 health and safety in the workplace.
If this does not happen, then it is possible that an employee might even think about taking their case to an employment tribunal or reporting the issue to the Health and Safety Executive, if they consider their issue with breaks has been continuously ignored.
How Important Is The Employment Contract?
The importance of the employment contract, cannot be overstated when it comes to understanding the arrangement between employer and employee for rest breaks – especially if those rest breaks at work and between shifts are altered slightly compared to the UK standard.
Rest breaks are a legal requirement – but employees don’t have to legally be paid for them – often, whether an employee is paid for breaks or not will be detailed in the employment contract. Review the contract conditions as an employer to understand what people are entitled to at their workplace.
Other Circumstances & Flexible Rest
Information about lunch breaks, smoke breaks, and additional rest periods should be included an employment contract. 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. 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 all hands are needed on deck, and how you’ll compensate them afterwards.
- Additional Breaks – The law recognises the need for adaptability. During emergencies workers might need to adjust when they take their break. This could involve considering the option of taking a break later in the day, rather than completely abandoning it. The important thing is to adapt to the circumstances while still acknowledging the need for rest for ALL of 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 are generally entitled to breaks. They should have a 30 minute break after working for every 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.
Finding Harmony Between Work And Life
Beyond the rules and regulations there is a concept that these guidelines suggest; the importance of maintaining a healthy work life balance.
Most workers today think they have to be constantly working to be progressing in life. Our culture is such that rest breaks are almost frowned upon, and stories of workers doing extra work over the weekend are commended as the gold standard. However, that’s not a sustainable way to live, and as an employer it’s your job to communicate that with your employees so they understand that your workplace is one with a culture that values rest and recuperation.
Remember that workers that don’t value rest burnout, putting their ability to work at risk, but also their own and others health and safety. 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
In this age of technology it can serve as 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. An employment contract should make clear what hours a person needs to be reachable for meetings and the like, and clear boundaries set to ensure work isn’t spilling over into rest time.
If a lot of your employees work from home, you might want to consider certain tools which can track hours worked and rest taken, ensuring 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. But it’s also important to note that productivity is not just about hours spent working. Quality and quantity are two very different things.
Just because an individual is skipping breaks and not taking enough rest between shifts doesn’t mean they’re getting more done. 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 probably 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.
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
In summary, the concept of rest goes beyond requirements. It covers health, both physical and mental, and it’s about setting people up for success whilst at work.
The right to rest isn’t about recovering; 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 important to employees and employers alike. As an employer, it’s your job to ensure your workers realise this. Without proper rest, your workforce won’t be as strong and your employees won’t be as happy, so prioritise it.
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 well being 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 is recognised as essential for maintaining productivity, safety and morale.
For employees it’s crucial to be 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 healthier 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 recharge.