Break Entitlements UK

Managing Break Entitlements for UK Employees

How do you manage your employees’ break entitlements? The UK Government has introduced rules governing employee break entitlement which can be difficult for employers to understand and follow. This guide explains the types and lengths of break entitlements in the UK, as well as exceptions and best practices to consider.

The most important facts:

• Most workers in the UK are entitled to breaks from work thanks to the Working Time Regulations 1998.

• There are three types of statutory break entitlements: rest breaks during work, rest breaks between working days and rest periods during the week.

• Employees are entitled to a 20-minute break if they work more than six hours in a day. This includes the usual shift lengths of eight and 12 hours.

Entitlement to breaks and the right to rest in the UK

The Working Time Regulations 1998 regulate the entitlement to work breaks that employers must respect in order to comply with the regulations. The law applies to all workers, from full-time to part-time, and also includes temporary and home workers, although the specifics of breaks sometimes depend on the industry and other factors.

Types of rest breaks at work

Regular rest breaks at work are a legal right, and working time regulations dictate how employers are to organize these rest breaks. There are three types of work breaks that most adult workers (over 18 years of age) are entitled to:

• Rest breaks during work

• Rest breaks between working days

• Rest breaks during the week

The first type of rest break takes place during work, while the other two are taken daily or weekly between work days.

Rest breaks during work

The regulations state that employees who work more than six hours a day are entitled to an uninterrupted 20-minute rest break. This can be a tea or lunch break. Many employees receive compensation for these shorter rest breaks, but this is not guaranteed by law unless it is specified in the employment contract.

Rest breaks between working days

Employees are also entitled to daily rest breaks between work shifts. Every employee is entitled to a minimum rest period of 11 hours between each working day, which the employer usually grants in the form of a night’s rest period between shifts. This allows workers to rest after finishing one shift and before starting the next.

For example, if a retail worker ends their shift at 9 p.m., the earliest they can legally start their next shift is 8 a.m. the next day.

Rest periods during the week

The final type of rest period set out in UK law gives employees the right to at least one uninterrupted period during which they do not have to work. Employees are entitled to one of two types of weekly rest:

• One uninterrupted 24-hour period without any work per week.

• One continuous 48-hour rest period per two weeks.

Depending on the shift schedule, an employee may not have a day off every week, but may have an additional day off the following week.

Bathroom breaks

While there is no law in the UK that sets the minimum number of toilet breaks an employee is entitled to, every employer should keep these breaks in mind and make a policy that is suitable for their workplace and each employee.

Exceptions to the break entitlement

In the UK there are certain exceptions to employees’ entitlement to breaks, particularly in certain sectors where the nature of the work does not allow for all types of rest breaks. In these cases, the employer can grant employees breaks in a different way.

The three main sectors subject to exemptions are the armed forces, emergency services and police. All three areas involve emergency situations, and because the lives and safety of others depend on workers, they may not be able to take a 20-minute break.

Further exceptions are:

• Professions in which the employee determines his own working hours (e.g. a managing director)

• See transport worker

• Air and road transport workers (mobile workers)

• Private domestic workers such as cleaners and au pairs (for health and safety reasons)

Another exception applies to shift workers and to decisions made by individual employees. For example, if an employee decides to change shifts or swap positions with a colleague, the full daily rest period does not apply if the shift schedule they have voluntarily chosen does not allow this. However, you should, if possible, receive compensatory rest periods.

Even if an employee does not adhere to the 48-hour week, he or she voluntarily decides to work longer shifts. The employer must still provide them with appropriate breaks unless they also choose not to take rest periods.

Break regulations for employees at work

As an employer, it is important to ensure that your employees receive adequate breaks during their work shift, which may exceed the legal minimum. The type of break and the length of the break may vary depending on the industry and the length of the shift.

Below are a few different types of work environments and some advice for employee breaks.

Office work

Employees who work in an office environment may not need as many physical breaks as physical workers. However, they still need to take regular breaks to prevent burnout and maintain productivity. It is recommended that employees who work at desks should take at least a 5-minute break every hour to prevent eyestrain, headaches and fatigue.

Best Practice: Encourage employees to take regular breaks, stretch, and walk around the office to improve circulation and reduce the risk of musculoskeletal problems.

Work in retail

Retail workers often have to spend long hours on their feet, which can be physically demanding. They may also deal with demanding customers and a busy environment.

Best practices: Provide employees with comfortable seating during breaks and encourage them to stretch and take a short walk to reduce the risk of back pain and fatigue.

Work in the construction industry

Employees who work in construction and other manual labor sectors often have physically demanding jobs. To prevent accidents and maintain productivity, it is important to give them regular breaks.

Best practice: Provide employees with shaded break areas and encourage them to drink plenty of water to avoid dehydration.

Frequently asked questions (FAQ) about break entitlements

What are break entitlements in the UK?

Break entitlements in the UK are the fixed times for rest breaks guaranteed to employees during their working day. The prescribed length and frequency of these rest periods are set out in the Working Time Regulations 1998.

How long is a break for an 8 hour shift and how long for a 12 hour shift?

Under UK regulations, employees are entitled to a 20-minute break if they work more than six hours in a day. This means that the legal right to a 20-minute break applies to both 8-hour and 12-hour shifts.

How to effectively manage employee breaks?

The best way to effectively manage employee breaks is with an automated time tracking system like IceHrm. This allows employees to track their working hours and ensure breaks are taken and the company is compliant with UK regulations.