Monday 1 October 2012

Breaks under the Working Time Regulations 1998 (in brief)

There is a lot of (unnecessary) confusion about workers rights and employers duties under the Working Time Regulations 1998, in particular in relation to rest breaks.The Regulations create the following provision for rest breaks at work and time off:
Rest breaks at work
A worker is entitled to an uninterrupted break of 20 minutes when daily working time is more than six hours. This break should be taking during working time and should not be taken at either the start or at the end of the working day.
 
Daily rest
Under the Regulations, a worker is entitled to a rest period of 11 consecutive hours rest in each 24 hour period during which they work for their employer. There are, however, a number of special circumstances in which the entitlement to rest periods does not apply. These include: where the activities involve a need for continuity of service or production, or where there is a foreseeable surge of activity. Also, if a shift worker changes shift, it may not be possible for them to take their full rest entitlement before starting the new pattern of work. In such a case the entitlement to daily and weekly rest does not apply.

Weekly rest
An adult worker is also entitled to one day off a week; this can be averaged over two weeks.

Young or adolescent workers If a young worker is required to work more than four and a half hours at a time, then they are entitled to a break of 30 minutes. A young worker is also entitled to 12 uninterrupted hours in each 24-hour period in which they work. Both these entitlements can only be altered or excluded in exceptional circumstances. Young workers are also entitled to two days off each week and this cannot be averaged over two weeks.


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