Introduction to Rest Breaks
Rest breaks are short periods of time during your working day when you can step away from your tasks to rest and recharge. These breaks are essential for your health, safety, and overall wellbeing. Taking regular breaks helps prevent fatigue, reduces stress, and can increase productivity, making them an important part of any working routine.
Under UK employment law, your right to rest breaks is protected by the Working Time Regulations 1998. If you work more than six hours a day, you are generally entitled to a minimum uninterrupted break of 20 minutes during your shift. This break should allow you to rest away from your workstation if possible. The law applies to most adult workers, but there are special rules for young workers under 18 and certain jobs with different requirements, such as emergency services or jobs with round-the-clock coverage.
It’s important to know that your employer must provide these breaks, but they do not have to pay you for them unless stated in your employment contract. Your contract may also offer longer or additional breaks, so it’s a good idea to check your terms of employment for any extra entitlements.
Understanding your right to rest breaks is a key part of knowing your Employee Rights. Being aware of these rules ensures you can look after your health at work and speak up if you’re not getting the breaks you are legally entitled to. If you have concerns about your rest breaks or feel your rights are not being respected, you can seek advice from your HR department, trade union, or organisations like Acas for guidance.
Legal Entitlements to Rest Breaks in the UK
Under the Working Time Regulations 1998, most workers in the UK are legally entitled to certain rest breaks and rest periods to help protect their health, safety, and wellbeing at work. Understanding your rights can help ensure you receive the breaks you are owed and know what to expect from your employer.
If you work more than six hours in a day, you are entitled to a rest break of at least 20 minutes. This break must be uninterrupted, meaning you should be able to take the full break without work-related interruptions. The break can be a tea or lunch break, but it must be a genuine opportunity to rest.
Employers can decide when the break is taken, as long as it is not at the very beginning or end of your working day. For example, if your shift is from 9am to 5pm, your employer might schedule your break between 12pm and 3pm.
The law does not require employers to pay you for your rest break. Whether your break is paid depends on your contract of employment or your employer’s policy. Some employers choose to pay for these breaks, but others do not. It is important to check your employment contract or staff handbook for your employer’s specific rules.
In addition to breaks during the working day, the Working Time Regulations also set out rights to longer rest periods:
Daily Rest: You are entitled to a minimum of 11 consecutive hours of rest in any 24-hour period. For example, if you finish work at 8pm, you should not start work again before 7am the next day.
Weekly Rest: You are entitled to an uninterrupted rest period of at least 24 hours in each seven-day period. Alternatively, your employer can provide two 24-hour rest periods (or one 48-hour period) every 14 days.
These rules are designed to ensure you have enough time between shifts to rest and recover.
Most people classed as ‘workers’ are covered by these rights. This includes employees, agency workers, and some freelancers or casual staff. However, there are some exceptions, such as members of the armed forces, emergency services, or those in roles where work cannot be interrupted for operational reasons. There are also different rules for young workers (under 18), who are entitled to longer breaks and rest periods.
If you are unsure whether you qualify as a ‘worker’, the law generally defines a worker as someone who has a contract or arrangement to do work or services personally for a reward (money or benefit), and who is not carrying out the work as part of their own business.
If you believe you are not receiving your legal entitlements to rest breaks, start by raising the issue with your employer or HR department. It is helpful to keep records of your working hours and any breaks you do or do not receive. If the issue is not resolved, you may wish to seek advice from a trade union, ACAS, or an employment adviser.
Understanding your rights to rest breaks is an important part of staying healthy and productive at work. Knowing the legal minimums can also help you negotiate better terms if your employer offers more generous rest break policies.
Types of Rest Breaks
Under UK employment law, workers are entitled to different types of rest breaks to help protect their health and wellbeing. These breaks are set out in the Working Time Regulations 1998 and are designed to ensure you have enough time to rest and recharge, both during and between working days. Here’s what you need to know about each type of rest break:
These are the breaks you take while you are at work, such as lunch or tea breaks. If you work more than six hours a day, you are entitled to a minimum uninterrupted rest break of 20 minutes. This could be your lunch break, a tea break, or another pause during your shift. The law does not require your employer to pay you for this break—it depends on your employment contract.
Example: If your shift is from 9am to 5pm, you should be given at least a 20-minute break, which you can take away from your workstation. Your employer must make sure you can take this break without being interrupted.
Practical tips:
Check your contract, as many employers offer longer breaks or more frequent ones.
Your employer can decide when the break is taken, but it should not be at the very start or end of your working day.
You are entitled to a minimum of 11 consecutive hours of rest between finishing one working day and starting the next. This daily rest period allows you time to eat, sleep, and take care of personal matters.
Example: If you finish work at 8pm, you should not be asked to start work again until at least 7am the next day.
Common questions:
What if I’m asked to work a night shift after a day shift? Your employer must still ensure you get your full 11-hour rest period unless you fall under specific exceptions, such as some roles in healthcare or emergency services.
In addition to daily rest, you are entitled to a longer rest each week. The law says you must have at least 24 hours of uninterrupted rest in every seven-day period. Alternatively, your employer can give you two uninterrupted rest periods of at least 24 hours each, or one uninterrupted rest period of at least 48 hours, in every 14-day period.
Example: You might have Sunday off each week (24 hours), or a full weekend off every other week (48 hours).
Practical advice:
Your employer can decide how to schedule these rest periods, but they must make sure you get the minimum time off.
If your job involves shift work or irregular hours, your employer should still plan your rota so you receive your legal weekly rest.
There are some exceptions for certain jobs, such as emergency services, armed forces, or jobs where work is split up over the day (like security or caretaking). In these cases, compensatory rest should be provided. Always check your employment contract and speak to your employer if you are unsure about your rights.
Understanding your entitlement to rest breaks can help you maintain your health and avoid burnout. If you believe you are not getting the breaks you are entitled to, you can raise the issue with your employer or seek further advice.
When and How You Can Take Rest Breaks
During your working day, UK employment law gives you the right to take rest breaks to help you stay refreshed and maintain your wellbeing at work. Under the Working Time Regulations 1998, if you work more than six hours a day, you are usually entitled to a rest break of at least 20 minutes. This break should be taken during your working hours, not at the start or end of your shift, and it must be uninterrupted—meaning you are not expected to do any work during this time.
Employers have a duty to provide reasonable opportunities for you to take these breaks. This means they should organise work schedules in a way that makes it possible for you to step away from your duties. In most workplaces, you can choose to spend your break away from your workstation or desk. Some employers may offer longer or additional breaks as part of your contract or workplace policy.
The exact timing of your rest break can vary depending on the needs of your workplace and any agreements in place. For example, in busy environments like retail or healthcare, breaks may be staggered so that there is always enough cover. Some workplaces may have set break times, while others allow you to agree your break with your manager. If you have particular needs—such as a health condition or caring responsibilities—you may be able to explore flexible working arrangements to help manage your rest breaks and working hours.
It’s important to know that, as a general rule, you cannot simply swap your rest break for extra pay if you do not take it. The law is designed to protect your health and safety by ensuring you have time away from work. Only in exceptional cases, and if clearly agreed in your contract, might payment be offered instead of a break—but this is not standard practice.
If you ever find it difficult to take your rest break, or if your employer is not providing reasonable opportunities for you to do so, it’s a good idea to raise the issue with your manager or HR department. Knowing your rights helps ensure you get the time you need to rest and recharge during your working day.
Employer Responsibilities Regarding Rest Breaks
UK employers have clear legal duties when it comes to providing rest breaks for their employees. Under the Working Time Regulations 1998, most adult workers are entitled to a minimum rest break of 20 minutes if their daily working time is more than six hours. This break should be a genuine opportunity for the employee to rest, and it must not be at the very start or end of the working day.
Employers must make sure that employees can actually take their breaks. This means arranging work schedules and staffing levels so that taking a break is practical and does not leave employees feeling rushed or unable to step away from their duties. For example, in a busy retail environment, employers should organise rotas so that there is always enough cover to allow staff to take their breaks at the right time.
It is not enough for employers to simply state that breaks are available; they must actively respect employees’ rights to take them. Employees should not be pressured, directly or indirectly, to skip their breaks or to work through them. This includes avoiding practices like scheduling back-to-back meetings or setting unrealistic workloads that make it difficult to take a break. Employers should foster a workplace culture where taking a break is normal and encouraged, not frowned upon.
Clear workplace policies play a key role in managing rest breaks. Employers should have written policies that explain when and how breaks can be taken, who to speak to if there are issues, and how breaks are recorded. These policies should be communicated to all staff as part of their induction and be easily accessible if questions arise. For shift-based work, policies should clarify how breaks are scheduled and what happens if a break is missed due to operational needs.
Failing to provide the minimum legal rest breaks is a breach of employment law. If an employer does not allow an employee to take their entitled breaks, the employee can raise a grievance or make a complaint to an employment tribunal. Persistent failure to comply can result in legal penalties for the employer and damage to staff morale and wellbeing. Therefore, it is in every employer’s interest to take their responsibilities seriously and ensure that all staff are able to rest and recharge during their working day.
Employers should regularly review their practices to make sure they are meeting their legal obligations regarding rest breaks and supporting a healthy, productive work environment for everyone.
Exceptions and Special Cases
While most workers in the UK are entitled to standard rest breaks under the Working Time Regulations 1998, there are important exceptions and special circumstances where the rules may differ. Understanding these differences is essential to know your rights and obligations.
Certain jobs and sectors require more flexibility due to the nature of the work. For example:
Security and Surveillance: Employees who work in security or surveillance roles may not always be able to take their breaks at set times, especially if constant monitoring is needed. In these cases, employers must still ensure that equivalent rest is provided, even if it is taken at a different time.
Transport Workers: Those working in road transport, air, sea, or rail often follow separate rules. For example, lorry and coach drivers are covered by specific regulations such as the Road Transport (Working Time) Regulations 2005, which set out different rest periods and driving limits to ensure safety.
Emergency Services: Police, ambulance, and fire service workers may have their rest breaks delayed or interrupted due to emergencies. However, employers should allow these workers to take their breaks as soon as possible after the interruption.
In these sectors, if it is not possible to provide the usual break at the normal time, employers must offer an equivalent period of compensatory rest.
Young workers (those aged under 18 but over school leaving age) have extra protections under the Working Time Regulations:
Rest Breaks: Young workers are entitled to a 30-minute break if their working day is longer than 4.5 hours.
Daily Rest: They must have a minimum of 12 consecutive hours’ rest in every 24-hour period they work.
Weekly Rest: Young workers should also get at least 48 hours’ rest each week, which should be taken together and not split up, except in exceptional circumstances.
These rules are stricter than for adult workers, reflecting the need to protect young people’s health and wellbeing.
Shift workers and those with irregular hours may find that standard rest break rules do not always fit their schedules. For example, if you work night shifts or rotating shifts, your employer may rearrange rest periods to suit operational needs. However, you should still receive the same total amount of rest, even if it is taken at different times or split into shorter periods.
If your shift pattern makes it impossible to take a break at the usual time, your employer must provide compensatory rest. This means you should get a break of the same length at a later time.
There are a few other exceptions under UK law where rest break rules may not apply in the usual way:
Uninterrupted Work: If the work involves tasks that cannot be interrupted for technical reasons (such as continuous production processes), employers must still ensure that workers receive equivalent rest at another time.
Short-Term Exceptional Pressures: In rare cases where there is an exceptional and unforeseen increase in demand (for example, during a national emergency), employers may temporarily delay rest breaks, but must provide compensatory rest as soon as possible.
It is important to note that, even where exceptions apply, employers have a legal duty to safeguard workers’ health and safety. If you are unsure about your entitlement to rest breaks in your job, it is a good idea to check your employment contract or speak to your employer for clarification.
What to Do if Your Rest Break Rights Are Not Respected
If your employer is not providing the rest breaks you are legally entitled to, it’s important to know the steps you can take to address the issue and protect your rights.
Start by discussing the matter directly with your manager or supervisor. Sometimes, employers may not be aware of the rules or there may have been a misunderstanding about your working hours and break entitlements. Clearly explain your concerns and refer to the relevant law—under the Working Time Regulations 1998, most adult workers are entitled to an uninterrupted 20-minute rest break if they work more than six hours a day.
If the issue isn’t resolved informally, consider raising your concerns in writing. This could be an email or a formal letter to your line manager or the HR department. Clearly outline your understanding of your legal right to rest breaks and provide details of when your rights were not respected. Keeping a written record can be useful if you need to escalate the issue later.
Most workplaces have a formal grievance procedure. If informal discussions don’t lead to a solution, follow your employer’s process for raising a formal complaint. This usually involves submitting a written grievance and attending a meeting to discuss your concerns.
If you are a member of a trade union, contact your union representative for advice and support. They can help you understand your rights and may assist in discussions with your employer. If you are not a union member, you can seek free, confidential advice from organisations such as ACAS (Advisory, Conciliation and Arbitration Service) or Citizens Advice.
You are legally protected against being treated unfairly or dismissed for asserting your right to rest breaks. If you are worried about repercussions for raising concerns, learn more about employee protections and whistleblowing. These laws are in place to ensure you can speak up without fear of losing your job or facing other negative consequences.
If your employer still does not respect your rights after following internal procedures, you may be able to make a complaint to an employment tribunal. Before doing so, you must usually notify ACAS and go through their Early Conciliation process, which aims to resolve disputes without a tribunal hearing. If the matter cannot be settled, you can submit a claim to the tribunal, which can order your employer to provide rest breaks and, in some cases, award compensation.
In some sectors—such as transport or healthcare—specific regulators or enforcement agencies may oversee working time rules. If you work in one of these sectors, you may also be able to report breaches to the relevant authority.
Keep a record of your working hours and any missed breaks.
Save copies of any correspondence with your employer about rest breaks.
Act promptly—there are strict time limits for making an employment tribunal claim, usually three months less one day from the date of the incident.
Knowing your rights and following these steps can help ensure you receive the rest breaks you are entitled to and maintain your wellbeing at work.
Related Employee Rights and Topics
Rest breaks are just one part of a wider set of rights designed to protect employees in the workplace. Understanding how these rights connect can help you make sure you are being treated fairly and know what to expect from your employer.
For example, your entitlement to rest breaks is closely linked to health and safety rules. The Working Time Regulations 1998 not only set out when and how long breaks must be, but also aim to prevent fatigue and reduce the risk of accidents at work. To learn more about how your employer must keep you safe, visit our section on Workplace Safety.
Rest breaks also relate to your rights around time off work. While breaks are typically short periods during your working day, you may also be entitled to longer periods of leave, such as annual holiday, parental leave, or sick leave. Each type of leave has its own rules and protections under UK law. For a full overview, see our guide on Leave Rights.
You might also wonder how rest breaks affect your pay. Generally, employers are not required to pay you for rest breaks unless your contract says otherwise, but there can be exceptions. To understand your rights to pay during breaks, overtime, and other situations, check our page on Payment Rights.
Finally, your right to rest and privacy at work often go hand in hand. Employers must respect your personal space and data, especially during breaks or when using workplace facilities. For more information about how your personal information should be handled, visit our Employee Privacy & Data Protection page.
Exploring these related topics can help you get a complete picture of your rights at work. If you have concerns about your treatment or want to know more about a specific area, following these links is a good next step.
