Taking a Break at Work: What Are Your Rights?

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Taking a Break at Work: What Are Your Rights?
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.

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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.

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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.

The Next Step

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Ask Welfare at Work a Question
tomo 05/10/2021 at 10:22 am
I have an unpaid lunch break
Can my employer make we work through my break
Suvarna 14/07/2021 at 5:13 pm
Can the employer send people for a rest break after three hours from the start /at 1am/ of the night shift 10pm-6am?
Jack 08/06/2021 at 4:19 pm
I worked from 2 until 11:30 without a break as there was so much to do and no one to cover me. Can I press charges on work for not giving me a break ?
Gab 08/04/2021 at 11:17 pm
I am a childcare worker I work 630 to 330. My boss told me I had to go on break a 9:00 and that's the only break I get after that could they do that?
Egle Baker 23/11/2020 at 2:17 am
My manager saying that I can’t split my half hour break in 3x 10 min can she do that ?
Samantha 20/11/2020 at 1:25 pm
Hi I work in a small cafe inside the post office. I work on my feet all day 9-4pm. I have to come in at 8.30am to prep food for the day ahead although not paid for coming in to do this. I don’t get any breaks as I’m lone working and my manager just told me to eat something when the store is quiet but the shops never quiet enough for 5 mins to eat something. Is that illegal? Can my manager expect me to work without a proper break to sit down and eat something?
Adem 13/11/2020 at 3:06 pm
I work 6-10 hours, during my 10 hour shift I get 2, 10minutes break and 1 20minutes lunch break, is this normal?
Lottie 29/10/2020 at 12:39 am
Hi. My employer is saying I must "start work" 30mins before my rota start time. Is this legal? I am a field based worker and my contact states my home address as my place of work. Thanks
Polly 07/10/2020 at 7:34 pm
I start a 9 and a half HR shift at 7.30 and at 7.30 I was told to go for my tea break is this legal ? I work on a production line , I am now under a new boss, my old boss never ever did this
Liz 26/02/2020 at 6:16 pm
I work in Ohio in an office and am a salaried employee we are given an hour unpaid lunch break for our 8-5 shift. We have office doors and my Mgr tried to tell me that I can’t take a nap during my lunch hour? Is this right? If it’s unpaid and my hour it’s my right to do what I want as long as it’s not illegal correct?
gioia 21/02/2020 at 2:41 am
Hi everyone! I would need an information. I am employed as Casual in a restaurant (FOH). Is my manager allowed to give me "compulsory" break before the 5 hours? I mean, can I refuse a break after the first 2 or 3 hours of the shift?
Kajbw 30/12/2019 at 10:45 pm
I work in construction as a labourer. I cycle 9 miles to work each day. Was asked to start at 7am to do a 10 hour shift, seemed like good idea. After being told no time at 10am 1st break I waited till 1:30pm then was told Ive not got time for a break today. My agency told me to try stick the day out. I walked out and spent Xmas without food. It might be against the law but I fail to see any kind of help
Lamoore 21/12/2019 at 12:11 pm
My mother is in an EMI home which has 22 residents. The senior left the building for her 20 minute break leaving 2 care staff on duty. Is this legal?
Shari 20/11/2019 at 6:29 pm
I work part time in a large retail store standing on my feet
I was under the impression that part time shifts were between 4-6 hrs ,
6 hr shifts require 1/2 hr unpaid breaks
I have been given 8 hr shifts which I’ve never had in a part time position ( I have worked for this company and others where this has been the case )
I will need to cut my days of work in order to accommodate an 8 hr shift on other days as i cannot work all these hours
I cannot physically ( or mentally ) stand in one pace for all these hours as I have had a knee replacement in 2017
I also verbally stated that I expected 20 hrs or less and they are giving me up to 24
What are my rights
Surfo 23/10/2019 at 6:09 am
Hi I work in a care home I get paid for my breaks but my manager as said we are not allowed our mobiles even on our breaks is this right?
Patsy 18/10/2019 at 11:56 pm
I work from midnight to 0900 and we are forced to go on break 2 hours into the shift we do get an hour but is this legal?
Col 23/09/2019 at 6:57 pm
If I work 9 hours a day in front of a computer at what point do I legally have to take a break is it 5 hours into my shift or 6 hours?
Rits 18/09/2019 at 3:32 pm
At work staff are only entitle to15 minutes break during a 6 hour shift with the company discretion
Mr.P 13/09/2019 at 12:05 am
I work as a car delivery / collection driver. My company has said I have to take my unpaid 30 minute dinner break when I am being driven to / from a job by another driver. I have asked to have a break away from my work station (passenger seat in a moving vehicle) so I can eat and drink without fear of spilling. They say that due to the nature of the work it is best I comply ! If I am constantly driving (pool car driver) I end up having to take my dinner break at the end of my 8 hour shift. I do not think this is legal.
Krystle Winfield 17/08/2019 at 5:58 am
Is it illegal to be forced to work on your unpaid break??
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