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Taking a Break at Work: What are Your Rights?

Author: Emma Jones - Updated: 7 September 2010 | Comment
 
Rest Break Rights Work Employer Working

Sometimes it can feel like your boss would just like you to keep working until you drop down but you are entitled to a certain amount of rest by law. Taking breaks actually increases your productivity so it helps your employer anyway. You are entitled to different things depending on your job and your age but it is important that you know what these are so that you can look after yourself and make sure your employer is abiding by regulations.

Rest Breaks – Your Rights

When you are working you have a right to 20 minute break for every six hours that you work. Your employer can tell you when to take it as long as it is taken in one block, is not at the beginning or end of your day and you are allowed to spend it off the premises. Workers that are under 18 are entitled to more and can take 30 minutes for every four and a half hours that they work.

Daily and Weekly Rest

As well as rules about how much rest you are allowed within the working day, there are also regulations about how much time you should be given between shifts. You have the right to have at least 11 hours off between working days with this rising to 12 hours if you are under 18. You also have the right to a ‘weekly rest’ of 24 hours or 48 hours within a two week period.

Working Time Regulations

Your contract should tell you what hours you are required to work but if it doesn’t then there are working time regulations to cover you. You cannot be made to work more than an average of 48 hours per week unless you want to. Also, as a full time employee you have the right to 24 paid holiday days a year. Your employer can tell you when to take it and may include bank holidays, but they must pay your for it.

Exceptions to the Regulations

As some jobs just don’t fit into these regulations very easily, there are some situations when they don’t apply in the same way. For example, if you work in the security industry or work such as medical which needs 24 hour staffing. You are still entitled to rest but just in a different way. You get ‘compensatory rest’ with the idea being that everyone should have at least 90 hours off a week. There are also specific rules for some industries such as mobile workers, the armed forces, and the medical and police professions.

Your employer cannot make you work constantly without a break and under the working time regulations have to give you a certain amount of time off. You must be allowed to take at least a 20 minute break if you are working six hours or more and are also entitled to 11 hours off between working days. On top of this you must be given paid holiday time. There are some exceptions to these rules and you employer may also be more generous so make sure you check your contract.

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Comments...

I workin banking and currently have by choice 30 min lunch break during a 7 hour day to make my hours work to suit my lifestyle and have done this for more thank 18 months.Many other colleagues do this in our smaller branches but our Head Office are insisting that we take 1hr.Can they enforce this.
carlton - 23 September 2011 @ 9:17 PM
I work a nine hour shift daily and would like to know how much time I'm entilted to for a break within my shift time, is it 20mins for a full day or two 20 min breaks, and I am allowed a lunch hour unpaid if I request it from my employer?
jess - 21 August 2011 @ 3:59 PM
Hi, if I start work 10PM and finish at 8AM. By contract I'm ment to get 1 hour break per shift. At what time and how long should my first brakebe?
stafass - 17 July 2011 @ 7:27 PM
Workers are not entitled to a break unless they work over 6 hours, so any break for a 4.5 hour shift will be down to a manager's discretion.
WelfareAtWork - 7 July 2011 @ 9:41 AM
My daughter works a 4.5 hour shift without a break - realise that this is within the law.However, she is 21 weeks pregnant and although she eats before she goes to work is very hungry about 3 hours into her shift. Is she within her rights to have a break for something to eat or is this totally at the managers discretion. Thank you for any help
batty - 6 July 2011 @ 12:27 PM
I work as a chef in a bar and work a 9 hour + shift on Sundays without a break not even when feeling unwell due to the heat is this against the law ?
Bev - 4 July 2011 @ 7:34 AM
Hi I work in the banking industry I Work six hours per day. My boss has advised us if we wish to have a break we must work the time back before the start of our shift or at the end. Is this correct?
Susie - 26 June 2011 @ 9:43 PM
If you work an 8 hr shift 10-6pm do you have to take your rest break before you have worked 6 hours ? i.e if I start at 10am do I have to have my break before 1pm ?
jo.a - 13 June 2011 @ 6:46 PM
If you work from 8 till 6, with 45 min unpaid dinner break, should 20 min off your dinner be paid or an extra 20 min break in the day?
Nat - 9 June 2011 @ 11:55 AM
hi do you have the right for a twenty minute break if you work a 14 hour shift in a residential care home
tinky - 24 May 2011 @ 5:39 PM
Are the breaks in hospitality different? Because I get made to work 7 and a half hours straight without a break and I think it is unfair especially because I am under 18!
Rhi - 18 April 2011 @ 9:12 AM
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